Writ petition filed to modify an interim deposit order in a criminalmiscellaneous application that is now disposed of. Court held modification misconceived as main case withdrawn and finalized under Section 362. Application disposed of.
Application disposed of; no interference with final order possible under Section 362 CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29838 of 2018 Arising out of
Criminal Miscellaneous No.46098 of 2014
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Vikash Kumar Sharma, S/o Laxman Sharma, R/o Musapur, P.S.- Korha Distt.Katihar.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP
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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.
Patna High Court Cr.Misc. No.29838 of 2018 dt.03-01-2019 2/3
“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.”
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.”
Patna High Court Cr.Misc. No.29838 of 2018 dt.03-01-2019 3/3
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR U T
2 issues framed by the court
Whether the Court can modify an interim order when the underlying application seeking cognizance has been dismissed as withdrawn.
Whether Section 362 of the CrPC bars interfering with a final order that has merged all interim orders.
2 provisions across 1 enactments
Vikash Kumar Sharma
The State of Bihar
Monika Kumari @ Bindu Devi
Vipin Kumar Chaurasia
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
