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Vikash Kumar Sharma vs The State Of Bihar & Ors on 3 January, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29838 of 2018
Arising out of
Criminal Miscellaneous No.46098 of 2014

Vikash Kumar Sharma, S/o Laxman Sharma, R/o Musapur, P.S.- Korha Distt.-

Katihar.

… … Petitioner/s

Versus

1. The State of Bihar.

2. Monika Kumari @ Bindu Devi, W/o Vikash Kumar Sharma D/o Ram Kishun

Chaurasiya, R/o Gauchhari, P.S.- Gogari, Distt.- Khagaria.

3. Vipin Kumar Chaurasia @ Mukesh Chaorasia, S/o Fuleshwar Chaurasia, R/o

Gamghatta, P.S.- Gogari (Jamalpur), Distt.- Khagaria.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate

For the State : Mr. Jharkhandi Upadhyay, APP

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT

Date : 03-01-2019

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. Though notice was issued to opposite party no. 2

under order dated 18.07.2018 but nobody has entered appearance

on her behalf.

Patna High Court Cr.Misc. No.29838 of 2018 dt.03-01-2019
2/3

3. The present application has been filed under Section

482 of the Code of Criminal Procedure, 1973 (hereinafter referred

to as the ‘Code’) for the following relief:

“That this in an application for modification of
order dated 04.12.2014 passed by the Hon’ble
Justice Smt. Anjana Prakash in Cr. Misc. No.
46098 of 2014 to the extent of payment Rs. 750/-
(Seven hundred fifty) in the present facts and
circumstances of the case.”

4. The petitioner along with four others had earlier

moved this Court in Criminal Misc. No. 46098 of 2014 under

Section 482 of the Code seeking the following relief:

“That invoking the inherent jurisdiction of this
Hon’ble Court, this application is directed for
setting aside the impugned cognizance order
dated 07.8.2014 passed by the learned Court of
S.D.J.M. Khagaria in connection with
complaint case no. 31C/2014 dated 7.01.2014
(Annexure-1) filed against five accused persons
including the petitioners u/s 498A of I.P.C. and
3/4 of Dowry Prohibition Act.”

5. In the earlier case, by order dated 04.12.2014, the

Court had directed the petitioner no. 1 of the said case, i.e., the

present petitioner, to deposit Rs. 750/- per month in the court

below. However, ultimately on 21.04.2016, the application on

behalf of the present petitioner, was dismissed as withdrawn and

with regard to the rest, cognizance against them was set aside.

Patna High Court Cr.Misc. No.29838 of 2018 dt.03-01-2019
3/3

6. In view of the aforesaid, once Criminal Misc. No.

46098 of 2014 has been dismissed as withdrawn as far as the

present petitioner is concerned, the modification of any interim

order in the said case is misconceived. Further, in view of bar of

Section 362 of the Code, once the Court has signed the final

judgment/final order disposing off the case, it cannot be altered or

reviewed except to correct clerical or arithmetical error. In the

present case, once the case having been dismissed as withdrawn as

far as the present petitioner is concerned, all interim orders having

merged in the final order, this Court is unable to interfere in the

present matter in the manner such interference has been sought.

7. Accordingly, the application stands disposed off.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR
U
T

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