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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPP) NO. 181 OF 2021 IN CRIMINAL
APPLICATION (APL) NO. 431 OF 2020 DECIDED ON 10th DECEMBER
2020
Nakir Khan Vs. State of Maharashtra and another
__________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. R.J. Mirza, Advocate for the applicant
Mr. M.K. Pathan, APP for non-applicant No.1 / State
Ms. Poonam Moon, Adv. h/f Mr. Shaikh Sabatullah, Adv. for the non-
applicant No.2
CORAM : V.M. DESHPANDE AND
G.A. SANAP, JJ.
DATE : 4th JANUARY 2022
This is an application for speaking to
minutes in respect of the judgment and order dated
10th December 2020. The applicant was one of the
accused in Crime No. 96/2020, registered with Police
Station City Kotwali, District Akola for the offences
punishable under Sections 452, 354, 294, 323, 504,
506 read with Section 34 of the Indian Penal Code
and Sections 3 and 25 of the Arms Act. In the First
Information Report, along with applicant Nakir Khan,
one Naushad Khan Hussain Khan was also one of the
accused.
2. The non-applicant No.2 herein is the
original complainant.
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3. Applicant Nakir Khan (who is shown as
accused No.2 in the First Information Report) only
approached to this Court by filing Criminal Application
(APL) No.431/2020. After hearing the learned counsel
for the applicant, learned Additional Public Prosecutor
for the State and learned counsel for the original
complainant, this Court allowed the application under
Section 482 of the Code of Criminal Procedure.
However, in our view, the learned counsel for the
applicant is right in submitting that the entire First
Information Report is quashed though only Nakir
Khan has approached to this Court.
4. We have perused the judgment also. It
does not indicate that the case of another accused was
considered by this Court. In that view of the matter,
the mistake has crept in the operative portion of the
judgment dated 10th December 2020.
5. In that view of the matter, I pass the
following order :
ORDER
i. The application is allowed. ii. In the operative order of the judgment dated 10th December 2020, in clause No.(ii), after the end it should be typed, "to the extent of the applicant alone" and following shall be substituted in place of clause No.(ii) of the operative portion.
3 4-appp-181-2021.odt "ii) The First Information Report vide Crime No.96 of 2020, registered with Police Station, City Kotwali, Akola, for the offences punishable under Sections 452, 354, 294, 323, 504, 506 read with Section 34 of the Indian Penal Code and read with Sections 3 & 25 of the Arms Act, 1959, are hereby quashed and set aside to the extent of the applicant alone."
6. "The application is allowed and disposed of".
7. The order be uploaded after correction.
JUDGE JUDGE MP Deshpande
Digitally signed by:MILIND P DESHPANDE Signing Date:05.01.2022 15:14