SUPREME COURT OF INDIA
NAGINA DEVI – Appellant
Versus
THE STATE OF BIHAR – Respondent
SLP(Crl) No.-005006 / 2021
04-08-2021
KARUNAKAR MAHALIK
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ITEM NO.3 Court 10 (Video Conferencing) SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5006/2021
(Arising out of impugned final judgment and order dated 10-03-2021
in CRLM No. 9542/2021 passed by the High Court Of Judicature At
Patna)
NAGINA DEVI & ORS. Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
(IA No. 79771/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT IA No. 79772/2021 - EXEMPTION FROM FILING O.T.)
Date : 04-08-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Petitioner(s)
Mr. Karunakar Mahalik, AOR
Ms. Nitu Kumari, Adv.
Dr. Gajendra Prasad Singh, Adv.
Mr. Manoranjan Mishra, Adv.
Mr. Aditya Kumar, Adv.
For Respondent(s)
Mr. Devashish Bharuka, AOR
Mr. Ravi Bharuka, Adv.
Ms. Sarvshree, Adv.
Mr. Justine George, Adv.
Ms. Srishti Agarwal, Adv.
Mr. Sanjiv Goel, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This Special Leave Petition is filed against the judgment and
order dated 10.03.2021 passed by the High Court of Judicature at
Patna in CRLM No. 9542 of 2021, which is extracted herein-below for
convenience :-
“Heard both sides.
Earlier also the modification petition was
allowed for correction in the address of the
Digitally signed by
SUNIL KUMAR
Date: 2021.08.10
16:39:15 IST
Reason:
Signature Not Verified
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petitioners vide order dated 22.06.2021 passed in
Cr.Misc.No.77683 of 2019.
The petitioners again filed a modification
petition for correction in the address of the
petitioners. I find no reason to make correction
as the petitioners have consciously mentioned
their address in the bail petition and thereafter
once again made correction in their address by
filing modification petition. Accordingly, the
modification petition is dismissed.”
It appears that the High Court proceeded on the basis that the
petitioner had again filed a modification petition for correction
in the address of the petitioners. The petitioners filed the
modification application for rectification of paragraph 01 of the
Affidavit filed in support of the earlier modification application
wherein the deponent has been, by reason of an error, described as
the husband of Petitioner No.1 while the fact is that he is the
husband of the Petitioner No.3. The deponent is the husband of the
Petitioner No. 3 viz. Sheo Kumar Devi. The error may be rectified.
Necessary corrections may accordingly be permitted.
The special leave petition is, accordingly, disposed of.
Time to surrender is extended by two weeks from today.
Pending applications, if any, stand disposed of accordingly.
(GULSHAN KUMAR ARORA) (MATHEW ABRAHAM)
AR-CUM-PS COURT MASTER (NSH)