Madhya Pradesh High Court
MCRC/4800/2024 of NARESH SHIVHARE Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4800 of 2024
BETWEEN:-
NARESH SHIVHARE S/O SHRI RAMKISHAN SHIVHARE,AGED 34 YEARS, R/O WARD NO. 11 JAAT CHHATRAVASKE PICHHE GANDHI NAGAR, TEHSIL AND DISTRICTSHEOPUR (MADHYA PRADESH)
(BY SHRI ABHISHEK CHOUBEY - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION EXCISE SUB INSPECTOR CIRCLE SHEOPUR,DISTRICT SHEOPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ROHIT MISHRA - ADDITIONAL ADVOCATE GENERAL)
This petition coming on for hearing this day, the court passed the following:
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ORDER
Heard on I.A. No.2170/2024, an application for exemption from filing certified copy of order dated 25.01.2024 passed in M.Cr.C.No. 3462/2024.
For the the reasons mentioned in the application, I.A. No.2170/2024 isallowed.
This Miscellaneous Criminal Case has been instituted in respect ofmodification of order dated 25.01.2024 passed in M.Cr.C.No.3462 of 2024whereby applicant was directed to be released on bail.
Learned counsel for the applicant submits that the M.Cr.C.No.
3462/2024 has been allowed by order dated 25.01.2024 but due totypographical error in places of Crime No.P-08 No.0556/2023 registered atPolice Station Excise Sub Inspector Excise Circle Sheopur District Sheopurand Section 34 (2) of the M.P. Excise Act, 1915, Crime No.19/2024 registeredat Police Station Seveda, District Datia (M.P.) and Section 34 (2) of Excise Actand Section 130/177 (3) of Motor Vehicle Act have been mentioned.
A perusal of the order dated 25.01.2024 reveals that instead of CrimeNo.P-08 No.0556/2023 registered at Police Station Excise Sub Inspector ExciseCircle Sheopur District Sheopur and Section 34 (2) of the M.P. Excise Act,1915, Crime No.19/2024 registered at Police Station Seveda, District Datia(M.P.) and Section 34 (2) of Excise Act and Section 130/177 (3) of MotorVehicle Act have been mentioned. The aforesaid being a clerical error can berectified any time.
Consequently, this petition under Section 482 of Cr.P.C. is allowed.
It is directed that in the order dated 25.01.2024 passed inM.Cr.C.No.3462/2024, in places of "Crime No.19/2024 registered at PoliceStation Seveda, District Datia (M.P.) and Section 34 (2) of Excise Act andSection 130/177 (3) of Motor Vehicle Act", "Crime No.P-08 No.0556/2023registered at Police Station Excise Sub Inspector Excise Circle Sheopur DistrictSheopur and Section 34 (2) of the M.P. Excise Act, 1915", shall be read.
To the aforesaid extent, the order dated 25.01.2024 passed inM.Cr.C.No.3462/2024 stands modified.
This order shall be read conjointly with the order dated 25.01.2024passed in M.Cr.C.No.3462/2024.
This petition under Section 482 of Cr.P.C. stands disposed of. Certified copy as per rules.
AK/-
(SUNITA YADAV)JUDGE