Allahabad High Court
Nikki Devi vs State Of U.P. And Another on 17 March, 2023
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- APPLICATION U/S 482 No. - 20438 of 2022 Applicant :- Nikki Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar,Amar Bahadur Maurya,Amber Khanna,Anubhav Dwivedi,Anurag Mishra,Deepak Singh Patel,Dev Kant Trigunait,Durgesh Chandra Tiwari,Kavindra Dwivedi,Mukesh Kumar,Neeraj Kumar Pandey,Raj Kumar Khanna,Rajendra Prasad Dubey,Rajesh Kumar Gautam,Ramesh Kumar Ojha,Sanjai Singh,Satya Dheer Singh Jadaun,Saurabh Basu,Upendra Upadhyay,Vishwambhar Nath Counsel for Opposite Party :- G.A.,Anurag Kumar,Hari Om Rai Hon'ble Dr. Gautam Chowdhary,J.
ORDER ON CORRECTION APPLICATION NO. 27 OF 2023.
Heard learned counsel for the parties.
The instant correction application has been filed by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I. who very humbly submitted that the order dated 13.02.2023 passed on Application No.20 of 2022, requires some correction. He submits that the cases mentioned in paragraph no.6 of the order dated 13.03.2023 passed on the application no.20 of 2022, being (A) Case Crime No. 361 of 2016 under Sections 147, 323, 504, 506, 379 I.P.C., Section 3 (2) (V) SC/ST Act, Police Station Shivkuti, District Prayagraj, (B) Case Crime No. 617 of 2018, under Sections 376, 313, 504, 506 I.P.C. Police Station Mau Aima, District Prayagraj, (C) Case Crime No. 90 of 2021 under Sections 342, 376-D, 506 I.P.C. Police Station Mau Aima, District Prayagraj, (D) Case Crime No. 150 of 2021 under Sections 376-D, 506 I.P.C. and Section 3 (2) (V) SC/ST Act, Police Station Daraganj, District Prayagraj, in which cases, preliminary enquiry has already been conducted thus, in the aforesaid cases, investigation is required to be done by the C.B.I. and prays that after the word "enquiry" the word "and investigation be conducted by C.B.I" in line no. 4, paragraph no.6 of the order passed on the application no.20 of 2022 may also be transcribed. He next submits that in line no.3, paragraph no.10 of the order passed on the aforesaid application the word "enquiry" may be also be replaced by the word "investigation", though, due to oversight and inadvertent, the same could not be prayed in the correction application however, in the said cases too, preliminary enquiry has already been conducted by the C.B.I. and the investigation is required to be done by the Special Investigation Team, of Uttar Pradesh.
In view of above, the correction application is allowed.
In line no.4, paragraph 6 of the order dated 13.02.2023 passed on the Application No.20 of 2022, after the word "enquiry" the words "and investigation be conducted by C.B.I" shall also be read. Furthermore, in line no.3, paragraph no.10 of the order passed on the aforesaid application the word "enquiry" is substituted by the word "investigation".
This order shall be treated as part of the order dated 13.02.2023 and a certified copy of this order shall be issued along with a copy of the aforesaid order.
Order Date :- 17.3.2023 S.Ali