IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21928 of 2010 SUKHDEO PRASAD MAHTO Versus THE STATE OF BIHAR & ANR with Cr.Misc. No.31562 of 1999 SUKHDEO PRASAD MAHTO Versus STATE OF BIHAR & ANR ----------- 2. 29.6.2010. Heard learned counsel for the petitioners in Cr. Misc. No.21928 of 2010 whereby a prayer has been made to modify the order dated 7.5.2010 passed in Cr. Misc. No.31562 of 1999 to the extent of recalling order whereby the Registrar General was directed to institute an F.I.R. against the concerned person. It has been stated in paragraph-4 of the petition “that petitioner earlier filed Cr. Misc. No.30145 of 1999 for quashing L.N.M.U. P.S. Case No.91 of 1999 and 92 of 1999 under Section 482 of the Code of Criminal Procedure. After filing the stamp reporter reported that only one prayer of quashing one F.I.R. can be filed in one application and the petitioner had to file another quashing application vide Cr. Misc. Case No.31562 of 1999 before this Court for quashing the L.N.M.U. P.S. Case No.92 of 1999”. It has been submitted that though 2 conducting advocate had made correction in paragraph-1 with respect to correcting the police case from 91 to 1999 to 92 of 1999, due to inadvertence, correction in respect of provisions was not made in paragraph-1 and as such confusion was created. The petitioner in its petition has also tendered an unqualified apology for inconvenience. In view of the peculiar facts and circumstances of the present case as well as keeping in view the interest of the learned advocate, who was appearing on behalf of the petitioner and had inadvertently committed mistake, for the ends of justice, it is necessary to recall observation and direction made in paragraphs 5 and 6 of the order dated 7.5.2010 passed in Cr. Misc. No.31562 of 1999. Accordingly, the direction to institute F.I.R. as well as direction made in paragraphs 5 and 6 in the order dated 7.5.2010 in Cr. Misc. No.31562 of 1999 is hereby recalled. There is no need to further proceed as per the direction contained in paragraphs 5 and 6 of order dated 7.5.2010. The Superintendent of Police, Darbhanga is directed to take follow up 3 N.H./ action in L.N.M.U. P.S. Case No.92 of 1999 since the quashing application for quashing of F.I.R. has already been rejected. This modification petition i.e. Cr.Misc. No.21928 of 2010 is allowed as indicated above and, accordingly, order dated 7.5.2010 passed in Cr. Misc. No.31562 of 1999 may be read as modified in this modification petition. With above observation, this modification application stands disposed of. ( Rakesh Kumar,J.)