IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8712 of 2011 NARAYAN MISHRA Versus THE STATE OF BIHAR & ORS For the petitioner: Mr. Subodh Kumar Jha, Advocate. For the Opposite Party: Mr.Arvind Kumar, Advocate, Law Officer Vigilance. For the State :Mr.Devendra Pd.Tiwari, A.P.P. 2. 16.3.2011 This is a petition under section 482 of Cr.P.C. for modification of the order dated 15.12.2010 passed in Cri.Misc. No.6513 of 2009 by which the order dated 16.10.2008 passed on petition dated 20.3.08 by the Special Judge, Vigilance-1, in Special Case No.6/07 was disposed of. (1).The petitioner’s petition dated 20.3.08 was with a prayer to release and permit him to operate alleged H.U.F. Account No.540100086030 and demat Account No.19079838 with H.D.F.C. Bank on the ground that the loss incurred in view of the down fall of Sensex. The said petition was disposed of by order dated 16.10.2008 with a direction to the petitioner that petitioner may sell the shares of H.U.F. and Demat A/c. No.19079838 existing with H.D.F.C. Bank and deposit the sale proceeds in fixed deposit scheme in any nationalized bank at Patna and also deposit its receipt in the court under intimation to the I.O. The petitioner is further directed to operate A/c. No.5401000086030 with H.D.F.C. 2 Bank after 08.207 by keeping its balance intact in the a/c. till 07.02.07 i.e., Rs.4,36,403,10. It is further directed that petitioner’s wife Kanchan Mishra will withdraw the maturity amount of L.I.C. Policy No.075463012 and deposit the same in a fixed deposit scheme in any nationalized bank at Patna and submit its receipts in the court under intimation to the I.O. However, the petitioner challenges the order dated 16.10.2008 in Cr.Misc. No.6513/09 before the Hon’ble Court after hearing the parties the said Cr.Misc.No.6513/09 has been rejected by order dated 15.12.2010. (2). Learned counsel for the petitioner submits that order dated 16.10.2008 was passed after considering the submission of prosecution that the amount of H.U.F. Account and Demat Account be not released till charge sheet is submitted. As apparent the order dated 23.4.2008 passed by the Special Judge which is Annexure-4 to the petition before Hon’ble Court in Cri.Misc.No.6513/09. It is submitted that the charge sheet has been submitted, hence, he may be allowed to file petition for release of HUF Account and Demant Account and the order dated 15.12.2008 be modified to that extent. 3. However, this Court by its order dated 3 15.12.2010 passed disposed of Cr.Misc. No.5613/09 which was preferred against the order dated 16.10.08 passed in Special Case No.6/07 and the said Cr.Misc. has finally been disposed of dismissing the Cr.Misc. for reasons mentioned therein. After the disposal of the said Cr.Misc.No.5613/09 this Court becomes functus officio. The modification sought in the order dated 15.12.2010 in Cr.Misc.5613/09 is not a clerical mistake but amount to review of the order dated 15.12.2010 and the Criminal Court has no jurisdiction to review its own order and hence there is no merit in the petition. 4. Hence, this application is rejected. 5. However, petitioner, if so advised, may file petition for release of H.U.F. A/c and Demat account in accordance with law. If such petition is filed before the court concerned the same may be disposed of in accordance with law. Anilkr.sinha (Gopal Prasad,J.)