1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.74 OF 2011 IN CRIMINAL WRIT PETITION NO.85 OF 2011 (Western Carriers .vs. State) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Ms Navedita Mehta, Adv. for the applicant. Mr.D.B.Yengal, A.P.P. for Respondent/State. CORAM : A.P. BHANGALE, J. DATED : 1 st July, 2011. Heard. By this application, the learned Advocate for the applicant prays for modification of the order dt. 16.6.2011 on the ground that, on 16.6.2011, her father was not feeling well and she could not inform anybody for seeking adjourment of the petition. Consequently, the petition was disposed of on merits without she being heard. Hence, she prays for grant of an opportunity of hearing to putforth her case and further prays for modification of the order passed. The learned A.P.P. opposed the prayer so made on the ground that the petition was decided on merits and the order has been passed regarding aluminium cilly converted from aluminium ingots. Even considering that the impugned order was interim in nature passed u/s. 457 of the Code of Criminal Procedure, 1973, the trial Court will have to 2 pass final order regarding disposal of muddemal property on the basis of evidence led at the trial. The applicant will also get an opportunity to move the trial Court and lead necessary evidence so as to claim the property at the time of conclusion of the trial. As such, I am not inclined to entertain the prayer for modification of the final order disposing of instant Criminal Writ Petition No.85 of 2011. Such a prayer is also bound to be discouraged in view of Section 362 of the Code of Criminal Procedure as the final order disposing of the case cannot be modified or altered except for clerical error or mistake. Looking from any angle, therefore, the application cannot be entertained. Hence, it is dismissed. JUDGE jais