Bombay High Court
Devendra S/O Tulshiram Sapate And ... vs The State Of Maharashtra, Thr. ... on 14 October, 2021
Bench: V.M. Deshpande, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APPP] NO. 1762 OF 2021
IN
CRIMINAL APPLICATION [APL] NO. 841 OF 2021 (d)
DEVENDRA S/o TULSHIRAM SAPATE AND OTHERS
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., BRAMHAPURI, DIST. CHANDRAPUR
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Mahesh Shukla, Advocate h/f Mr. D. V. Mahajan, Advocate for the
applicants.
Mr. T. A. Mirza, A. P. P. for the non-applicant /State
CORAM : V. M. DESHPANDE and
PUSHPA V. GANEDIWALA, JJ.
DATE : OCTOBER 14, 2021.
1. Not on board. Taken on board.
2. This is an application for speaking to minutes.
3. Mr. Mahesh Shukla, learned counsel holding for Mr.
D. V. Mahajan, learned counsel for the applicants and Mr.
T.A. Mirza, learned Additional Public Prosecutor for State.
4. On 11.10.2021, Criminal Application (APL) No.
841/2021 was decided by this Court in view of the
compromise in between applicant nos.1 to 3 (accused)
and applicant no.4 (complainant).
5. Paragraph 2 of the operative order of the judgment
dated 11.10.2021 in APL No.841/2021 reads as under :
"2. First Information Report dated
01.02.2019 vide Crime No.25/2019,
registered with Police Station, Hiwarkhked,
Dist. Akola for the offence punishable under
Sections 306, 506 read with Section 34 of the
Indian Penal Code against applicant nos.1 to
4 stands quashed and set aside."
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6. By moving this application, the learned counsel for
the applicants has pointed out that in the aforesaid
paragraph there is mistake in recording FIR number, penal
sections etc. He, therefore, submitted that paragraph 2 of
the operative portion be corrected.
7. The learned Additional Public Prosecutor for the
State supports the learned counsel for the applicants.
8. In view of incorrect recording of the FIR number,
penal sections, police station etc., it be corrected. Hence,
we pass the following order :-
ORDER.
1. The criminal application is allowed.
2. Paragraph 2 of the operative portion of the
judgment dated 11.10.2021 in APL No.841/2021 be
deleted.
3. In stead of that, it be typed as under :
"First Information Report No. 80/2016 registered
with Police Station, Bramhapuri, Dist.
Chandrapur, for the offence punishable under
Section 498-A read with Section 34 of the Indian
Penal Code together with Charge-sheet No.
40/2016 and Regular Criminal Case No.38/2016,
arising of the said FIR, against applicant nos.1 to
3, stands quashed and set aside."
4. After correcting, fresh order be uploaded.
5. Application disposed of.
JUDGE JUDGE
Diwale
