Patna High Court
Habibur RahmanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- BIBEK CHAUDHURI
Holding
The court held that, pursuant to Section 403 BNSS, it is not empowered to alter or modify the final judgment and dismissed the application.
Summary
Habibur Rahman filed an application seeking modification of the order dated 22 April 2025 that disposed of Criminal Revision No.628 of 2023. No counsel appeared for the petitioner, while the State’s advocate was present. The court examined the provision of Section 403 of the Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 362 of the Criminal Procedure Code), which bars alteration of a final judgment. Relying on this statutory bar, the court held it could not modify the earlier decision. Consequently, the application for modification was dismissed.
Issues considered
- Whether the High Court can alter or modify a final judgment under Section 403 of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 403
- Code of Criminal Procedure, 1973 — s. 362
Subjects
- modification of judgment
- final judgment
- criminal revision
- BNSS
- Section 403
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79496 of 2025
In
CRIMINAL MISCELLANEOUS No.628 of 2023
======================================================
Habibur Rahman S/o- Ataur Rahman Village- Sipauliya Po- Shahpur, PS-
Jalley Dist- Darbhanga A/P- Maharashtra Nagar No-1, Slaughter House
Compound Behind Bus Depot, Bandra Ps- Bandra Dist- West Mumbai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Fatma Farheen D/o- Md. Mustaqueem @ Raza Village- Sipauliya Po-
Shahpur, PS-Jalley Dist- Darbhanga, A/P- Dewari Po- Bandhauli Ps- Jalley
Dist- Darbhanga
3. Saleha Munazza D/o- Habibur Rahman R/v- Sipauliya Po- Shahpur Ps-
Jalley Dist- Darbhanga, A/P- Dewari Po- Bandhauli Ps- Jalley Dist-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s :
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
2 18-02-2026 None appears on behalf of the petitioner. The learned
Advocate for the State is present.
2. I have heard the learned Advocate for the State.
3. The instant application has been filed by the
petitioner praying for modification of the order dated 22 nd April,
2025, whereby and whereunder, this Court disposed of Cr. Rev.
No.628 of 2023.
4. In view of the provision contained in Section 403
of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (Section 362
of the Cr.P.C., this Court is not in a position to alter or modify
Patna High Court CR. MISC. No.79496 of 2025(2) dt.18-02-2026
2/2
the final judgment passed in the above-mentioned revision.
4. Therefore, the instant application is dismissed.
(Bibek Chaudhuri, J)
Jyoti Kumari/-
U T
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