Oral order allowing correction in a supplementary affidavit and disposing of the criminal miscellaneous petition permitting petitioners to raise arguments before the court below.
The prayer to correct the affidavit and dispose of the petition with liberty is allowed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38004 of 2011
====================================================== 1. Md. Mazharul Haque @ Md. Mazhar , son of Md. Maqbool 2. Md. Ansar, son of Late Md. Shakoor 3. Md. Usman, son of Late Md. Naseem 4. Md. Laddu, son of Md. Ansar 5. Md. Shamad, son of Md. Ansar All are resident of village Salempur, P.S. Jagdishpur, District Bhagalpur
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
6 28-04-2014 In this case, a supplementary affidavit has been filed, wherein, it has been indicated that during pendency of this petition petitioner no. 2 namely, Md. Ansar Alam died on 12.01.2013. Along with the petition, death certificate has also been brought on record. Accordingly, the name of petitioner no. 2 is expunged from the record.
In presence of Sri Kumar Ranjeet Ranjan, learned A.P.P., learned counsel for the petitioners, submits that in the supplementary affidavit due to inadvertence instead of mentioning that case is fixed after charge for evidence, it has been incorrectly typed as case has been fixed for evidence before charge. Learned counsel for the petitioners is permitted to make
Patna High Court Cr.Misc. No.38004 of 2011 (6) dt.28-04-2014
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correction in the supplementary affidavit.
After some argument, he makes a prayer that since after framing of charge trial has commenced, this petition may be disposed of, so that, petitioners may take all the points, which have been taken in the present petition before the court below during the trial.
The prayer is allowed.
The petition stands disposed of with liberty as
indicated above.
(Rakesh Kumar, J)
Praful/-
Md. Mazharul Haque @ Md. Mazhar
Md. Ansar
The State of Bihar
Savitri Devi
Rakesh Kumar
As recorded by the court registry
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