Md.Tahir And Others v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 863 of 2004

1. Md.Tahir, S/o Md. Latif, aged about 35 years, resident of villageMakampur, Police-station-Jaipur-Purliya(W.B.).

2. Md. Pappu, S/o Abdul Gaffar, aged about 24 years, R/o Naya-Basti Purliya, (W.B.).

3. Bablu Kumar, S/o Devicharan, aged about 18 years, R/o of Bokaro (Jharkhand) ---- Petitioners

Versus

• State of Chhattisgarh through the Police-Station, Bhilai Bhathi, DistrictDurg, Chhattisgarh. ---- Respondent __________________________________________________________ For Applicant :

None.

For Respondent :

Mr. Adil Minhaj, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/12/2019

1. This petition has been filed seeking for modification/correction in the order passed in MCRC No.492/2004.

2. Vide order dated 18.3.2004 this Court had allowed the application filed under Section 439 of CrPC and directed for release of applicant No.2. It is mentioned in the petition that name of applicant No.2 has wrongly been typed as 'Md. Abdul Gaffar', in place of 'Md. Pappu', who was the actual accused. In support of aforesaid submission,a copy of FIR has also been annexed with the petition.

3. Perused the order dated 18.3.2004 and documents annexed with application.

4. The order of release on bail was passed on 18.3.2004 and the petition for modification of the said order has been filed on 31.3.2004, therefore, there is all possibility that the concerned case may have been disposed off by the concerned Court. However, for the sake of

Page No.2 passing a correct order, finding that it is verified from the documents that name of 'Md. Abdul Gaffar' has wrongly been mentioned in the petition bearing MCRC No.492/2004, therefore, it is ordered that now the name of applicant No.2 shall be read as 'Md. Pappu, son of Abdul Gaffar' instead of 'Md. Abdul Gaffar'.

5. Accordingly, the petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha