IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1940 of 2024
Shahnaj Khatun @ Sainaj Khatun aged about 41 years, W/o Munna
Ansari, R/o Village Jabardaha, P.O. + P.S. Hiranpur, District Pakur
(Jharkhand) … Petitioner
Versus
…
The State of Jharkhand Respondent
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Appellant : Md. Asadul Haque, Adv.
For the State : Mr. Fahad Allam, Addl. P.P.
Order No.05/Dated- 20.12.2024
Heard learned counsel for the parties.
This criminal miscellaneous petition has been filed with a
prayer to enlarge the petitioner on anticipatory bail by making
modification in the order dated 19.03.2024 passed by this Court in
A.B.A No.4956 of 2023, whereby the anticipatory bail application of
the petitioner has been rejected.
Hon’ble Apex Court in the case of Misc. Application No.1572
of 2021 (Supertech Limited v. Emerald Court Owner Resident
Welfare Association & Ors.) dated 04.10.2021 held in para 12 as
under:
“12. The hallmark of a judicial pronouncement is its
stability and finality. Judicial verdicts are not like sand
dunes which are subject to the vagaries of wind and
weather. A disturbing trend has emerged in this court of
repeated applications, styled as Miscellaneous Applications,
being filed after a final judgment has been pronounced.
Such a practice has no legal foundation and must be firmly
discouraged. It reduces litigation to a gambit.
Miscellaneous Applications are becoming a preferred course
to those with resources to pursue strategies to avoid
compliance with judicial decisions. A judicial
pronouncement cannot be subject to modification
once the judgment has been pronounced, by filing a
-2-
miscellaneous application. Filing of a miscellaneous
application seeking modification/clarification of a
judgment is not envisaged in law. Further, it is a
settled legal principle that one cannot do indirectly
what one cannot do directly.”
Present Criminal Miscellaneous Petition is likely to tend the
renew of earlier order without any legal justification.
For the above reasons, there is no substance in the
miscellaneous petition.
Accordingly, this criminal miscellaneous petition is dismissed
as not maintainable.
(Pradeep Kumar Srivastava, J.)
Sachin