Ratan Pandit vs The State Of Jharkhand
2023 Latest Caselaw 2660 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. M. P. No. 2445 of 2023
       1. Ratan Pandit
       2. Kamal Pandit                                  ..... Petitioners
                                       Versus
       The State of Jharkhand                           ......Respondent
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners : Mr. Kaushal Kishor Mishra, Advocate For the Respondent : Mr. Subodh Kumar Dubey, A.P.P

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02/07.08.2023 The instant application has been preferred by the petitioners for modification of the judgment dated 25.04.2023 passed in Cr. Appeal (S.J) No. 1677 of 2003 to the extent that due to inadvertence in place of appellant no. 3, Khudu Pandit, the name of appellant no. 2, Kamal Pandit has wrongly been typed.

Learned counsel for the petitioners submits that in the original order dated 25.04.2023 passed in Cr. Appeal (S.J) No. 1677 of 2003, due to inadvertent instruction he has submitted that appellant no. 2, Kamal Pandit has died, but as a matter of fact, appellant no. 2, Kamal Pandit is still alive, but appellant no.3, Khudu Pandit has died; as such Para nos. 2 and 3 requires to be modified.

Learned A.P.P. does not have any objection. Having heard learned counsel for the parties, it appears that due to instruction and submission of learned counsel for the appellants it was ordered as under:

"2. Learned counsel for the appellants submit that as per her instructions the appellant no. 2 namely-Kamal Pandit has died.

3. In view of the aforesaid fact, the instant criminal appeal is dismissed as abated against appellant no. 2 namely-Kamal Pandit."

As such, now para nos. 2 and 3 requires to be modified. Para nos.

2 and 3 in the original order dated 25.04.2023 passed in Cr. Appeal (S.J) No. 1677 of 2003 shall be read as under:

"2. Learned counsel for the appellants submits that as per her instruction the appellant no. 3, namely, Khudu Pandit has died.

3. In view of the aforesaid fact, the instant criminal appeal is dismissed as abated against appellant no.3, namely, Khudu Pandit."

With the aforesaid modification in the original order dated 25.04.2023 passed in Cr. Appeal (S.J) No. 1677 of 2003, the instant application stands disposed of.

If any, certified copy is applied in the case of Cr. Appeal (S.J) No. 1677 of 2003, the same may be supplied along with copy of the instant order dated 07.08.2023.

(Deepak Roshan, J.)

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