HARI PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition has been filed under Sec. 482 CrPC for setting aside order dtd. 22/8/2022 (Annexure-1) passed by Incharge Sessions Judge/ Addl. Sessions Judge, Court No.1, Allahabad in Crl. Revision No.332 of 2022 Raj Kumar vs. State of U.P. and others.

(2.) Heard learned counsel for the petitioners and learned A.G.A. for the State.

(3.) Learned counsel for the petitioners submits that the revisional court vide its order dtd. 22/8/2022 has amended/modified its earlier order dtd. 18/8/2022. He submits that only clerical and arithmetical error can be rectified. The modification of the order or its amendment is barred under sec. 362 CrPC. In support of his submission, learned counsel has relied on judgment of Supreme Court in Mohammed Zakir vs. Shabana and others 2018 LawSuit (SC)677 Learned A.G.A. has opposed the contention of learned counsel for the petitioners, however, could not dispute the settled legal position. Considering the argument advanced, perusal of the record as also the judgment referred to above, I find that the matter requires consideration.