WPCRL/220/2013
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Office Notes, reports, orders or proceedings SL.

Date or directions COURT'S OR JUDGES'S ORDERS No and Registrar's order with Signatures 24.06.2022 WPCRL No. 220 of 2013 With MCC No. 110 of 2014 Sri S.K. Mishra, A.C.J.

None appears for the petitioner.

Mr. J.S. Virk, the learned Deputy Advocate General for the State.

Ms. Neeti Rana, the learned counsel holding brie of Mr. Rakesh Thapliyal, the learned Senior Counsel for the complainant.

This is an application (MCC No. 110 of 2014),

which has been filed for modification of the earlier

order dated 26.11.2013 passed by a Coordinate Bench

of this Court.

The petitioner has sought to modify an order

passed in the criminal side. Section 362 of the Code of

Criminal Procedure, 1973 provides that only a clerical

or arithmetical error can be corrected, and a judgment

passed in the criminal case cannot be modified by the

same Court. In other words, there is a prohibition

regarding modification of a criminal judgment or order

passed in a criminal case.

Moreover, there is no valid ground for

considering the application for modification. While

dismissing the petition for quashing of the FIR, by exercising the jurisdiction under Article 226 of the

Constitution of India, a Coordinate Bench of this Court

has given liberty to the petitioner to seek bail before

the learned Sessions Judge.

In that view of the matter, we see no merit in the

application for modification. Accordingly the

Modification Application (MCC No. 110 of 2014) is,

hereby, dismissed.

(S.K. Mishra, A.C.J.) 24.06.2022 Rahul