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.
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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behalf of the present petitioner, was dismissed as withdrawn and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.
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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
