Patna High Court
Nandlal Prasad @ Nandlal YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The modification application is not maintainable as it amounts to a review of the earlier order, which can be altered only to correct clerical or arithmetical errors.
Summary
Petitioner Nandlal Prasad Yadav, the informant, filed an application seeking modification of the order dated 16‑05‑2019 that had quashed the cognizance of a case against several accused. He argued that the order was passed without hearing him or giving notice. The State and the accused opposed, contending that the application was essentially a review of the earlier order, which is not permissible. The Court referred to Section 362 of the Criminal Procedure Code, mirroring Section 403 of the Bihar Negotiable Instruments (B.N.S.S.) Act, which bars alteration of a signed judgment except to correct clerical or arithmetical errors. Accordingly, the Court held that the modification application was not maintainable and dismissed it, allowing the petitioner to approach the appropriate forum if advised.
Issues considered
- Whether an application for modification of an order quashing cognizance is maintainable.
- Whether such a modification application amounts to a review of the earlier order, which is barred under Section 362 Cr.P.C. / Section 403 B.N.S.S.
Legislation cited
- B.N.S.S. — s. 403
- Code of Criminal Procedure, 1973 — s. 362
Subjects
- modification of order
- review of judgment
- Section 362 CrPC
- Section 403 B.N.S.S.
- maintainability
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69320 of 2024
In
CRIMINAL MISCELLANEOUS No.25472 of 2019
Arising Out of PS. Case No.-274 Year-2017 Thana- NAUBATPUR District- Patna
======================================================
Nandlal Prasad @ Nandlal Yadav S/o Late Ramdev Prasad @ Doda Yadav @
Ramdeo Prasad @ Dhorha Yadav R/o Village- Bala Thakur, PS- Naubatpur,
District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ashok Yadav @ Ashoshk S/o Kanta Yadav NA
3. Birju Yadav S/o Ram Anuj Rai NA
4. Vinod Yadav S/o Ram Babu Yadav NA
5. Mithilesh Yadav S/o Subhash Yadav NA
6. Sanjay Yadav S/o Late Devendra Yadav NA
7. Bhola Yadav S/o Late Ram Anuj Yadav @ Ramanuj Yadav NA
8. Mukesh Yadav S/o Girja Yadav NA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Madhukar Anand , Advocate
For the Opposite Parties : Mr. Umeshanand Pandit, APP
Mr. Indra Deo Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 25-03-2026 Heard Mr. Madhukar Anand, learned counsel for the
petitioner, Mr. Umeshanad Pandit, learned A.P.P. for the State
and Mr. Indra Deo Yadav, learned counsel for Opposite Party
Nos. 2 to 8.
2. This application has been filed for modification of
the order dated 16.05.2019 passed in Cr. Misc. No. 25472 of
2019 whereby and whereunder, this Court has quashed the order
Patna High Court CR. MISC. No.69320 of 2024(3) dt.25-03-2026
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of cognizance dated 03.07.2018 passed by the learned
Additional Chief Judicial Magistrate-II, Danapur qua Opposite
Party Nos. 2 to 8.
3. Learned counsel for the petitioner submits that
petitioner is informant of the present case and the order of
cognizance was quashed vide order dated 16.05.2019 passed in
Cr. Misc. No. 25472 of 2019 without hearing the present
petitioner or issuing notice to him. He thus seeks modification
of the order dated 16.05.2019 passed in Cr. Misc. No. 25472 of
2019.
4. On the other hand, learned A.P.P. for the State and
learned counsel for Opposite Party Nos. 2 to 8 have objected to
the maintainability of this modification application and have
submitted that the instant modification would amount to review
of the order dated 16.05.2019 passed in Cr. Misc. No. 25472 of
2019, and the same cannot be done by this Hon’ble Court.
5. It is settled principal of law under Section 362
Cr.P.C., which is corresponding to Section 403 of the B.N.S.S.,
that a judgment once signed, cannot be altered or reviewed
except to correct a clerical or arithmetical error. Section 403 of
the B.N.S.S. reads as follows:-
“403. Court not to alter judgment.
Save as otherwise provided by this Sanhita or by
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any other law for the time being in force, no Court,
when it has signed its judgment or final order
disposing of a case, shall alter or review the same
except to correct a clerical or arithmetical error.”
6. In view of the aforesaid facts and circumstances,
this modification application is held as not maintainable and is,
accordingly, dismissed with liberty to the petitioner to approach
appropriate forum, in accordance with law, if so advised.
(Prabhat Kumar Singh, J)
shashank/-
U T
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