Nitesh S/O. Yashwant Adwani And ... vs State Of Maharashtra Thr. P.S.O., ...
2021 Latest Caselaw 12904 Bom

appp1305.21                                                                                           1
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR


               CRIMINAL APPLICATION (APPP) NO. 1305/2021
                                 IN
                CRIMINAL APPLICATION (APL) NO. 303/2019
                                        Nitesh Y. Adwani & ors.
                                             ...VERSUS...
                                            State & anr.
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Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                            Shri Z.Z. Haq, Advocate for the applicant(s)
                            Shri S.M. Ghodeswar, APP for the non-applicant/State


                           CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

SEPTEMBER 08, 2021

1] By this application, the applicant no. 2 is praying for correction of her name in the judgment delivered by this Court (Coram : Prasanna B. Varale & N.B. Suryawanshi, JJ.) on 01/04/2021 in Criminal Application (APL) No. 303/2019. The Criminal Application (APL) No. 303/2019 was filed by the applicants therein to challenge the F.I.R. No. 117/2018 registered with Police Station Sitabuldi, Nagpur along with charge-sheet and further proceedings i.e. R.C.C. No. 3743/2018 which was pending in the Court of learned Judicial Magistrate First Class, Court No. 2, Nagpur.

ANSARI

2] By the judgment dated 01/04/2021, Criminal Application (APL) No. 303/2019 was allowed thereby quashing the F.I.R. No. 117/2018 together with R.C.C. No. 3743/2018. In the order as well as in the Criminal Application (APL) No. 303/2019, the present applicant no. 2 was named as "Smt. Beena W/o Yashwant Adwani".

3] By moving the present application, the applicant no. 2 submits that she is also known as "Chanda Yashwant Adwani" in the society. Learned advocate for the applicant no. 2 submitted that infact the said name was also published in the Government Gazette, copy of which is enclosed along with this application and in the said Gazette, the name of the applicant no. 2 is shown as "Chanda Yashwant Adwani".

4] Learned advocate for the applicant no. 2 also invited our attention to the first information report which is quashed by this Court in which the name of the applicant no. 2 is shown as "Beena Yashwant Adwani", however, he pointed out that after the investigation was over and when the challan was presented by the Investigating Officer (copy of the said challan is also placed on record), no accused by name "Beena Yashwant Adwani" was shown as an accused however, "Chanda Yashwant Adwani" was shown as an accused.

ANSARI

5] In view of the aforesaid, we pass the following order :-

(a) The criminal application is allowed.

(b) The name of the applicant no. 2 be corrected in the judgment dated 01/04/2021 in Criminal Application (APL) No. 303/2019 from "Smt. Beena W/o Yashwant Adwani" to "Smt. Beena alias Chanda Yashwant Adwani" and accordingly the same be mentioned in the judgment dated 01/04/2021.

                                          (JUDGE)                          (JUDGE)




ANSARI