IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4646 of 2009 MUNNI DEVI & ORS Versus THE STATE OF BIHAR & ORS ----------- 5 12.8.2009 Heard the counsel for the parties. One Mahadeo Yadav, respondent no.10 herein, had filed a writ application being Cr.W.J.C. No.986/07 for a direction to the respondents to institute a first information report in view of the Gypank No.765/66 dated 31.12.2006 against the respondent No.10, Munni Devi. The State counsel submitted that he was having a copy of the different petition of the same petitioner. After perusing the record this Court observed in the aforesaid writ, that “in case the petitioner has any grievance he may persuade his grievance against the aforesaid respondent.” Subsequently, Mahadeo Yadav, the petitioner of Cr.W.J.C. No.986/07 had filed an application under section 482 of Cr.P.C. for modification of the order dated 7.11.2008 passed in Cr.W.J.C. No.986/07. Learned counsel for Mahadeo Yadav, who filed modification petition states that for unavoidable reason he could not assist the Court on the last occasion and the State counsel made a submission that he had received a copy of another writ petition in which prayer has been made for quashing the appointment of respondent no.13, namely, Ram Pravesh, whereas, in fact, there is no respondent no.13 in the aforesaid writ application. 2 Thus, this Court modified the order stating that if the petitioner makes representation in respect of his grievance before the S.P., Darbhanga, he will examine and dispose of the same preferably within four months. The respondent of aforesaid Cr.W.J.C. No.986/07 has filed the instant application for recall/modification of order dated 3.12.2008, as the subsequent order may affect him adversely. In support his submission he relied upon a case of Hari Singh Mann vrs. Har Bhajan Singh reported in 2001 SC 43. In the aforesaid case the apex Court observed that under section 482 of Cr.P.C.,the Court should not alter its earlier order save and except to correct clerical and arithmetical error. It appears that this Court had not passed any positive order either in Cr.Misc.986/07 nor in modification application bearing Cr.Misc. No.478811/08 filed under section 482 of Cr.P.C. by Mahadeo Yadav. Nevertheless, this Court finds that as the same has been passed without hearing the concerned respondent, Munni Devi and ors. who is the petitioner in the instant case, the same is recalled and the earlier order passed in Cr.W.J.C. No.986/07 granting liberty to the petitioner to pursue his grievance against the aforesaid persons who are petitioners in this case will stand. Anilkrsinha (Samarendra Pratap Singh, J.)