Appeal dismissed and disposed of due to wrong forum filing. Court directed appellant to prefer fresh appeal before appropriate forum under Section 374(3)(a) CrPC with protection of limitation.
Case disposed with direction to prefer appeal before Sessions Judge with protection of limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010007122011
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A. 123/2011
1:BIJU KOTOKY @ BIJU KATAKY
S/O SRI BIPUL KATAKY, R/O VILL. RAMUDIODHAI GAON, P.O. and P.S. SIMALUGURI, DIST. SIVASAGAR, ASSAM.
VERSUS
1:THE STATE OF ASSAM
Advocate for the Petitioner : MISSP CHOUDHURY
Advocate for the Respondent :
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
06.09.2019
Heard learned counsel for the appellant and Mr. BB Gogoi, learned Additional PP, Assam.
The present appeal has been preferred before this Court due to wrong notion of law against the order of learned Assistant Sessions Judge, Sivasagar, passed in Sessions Case No. 44(S-S)/2007, whereby the accused-appellant has been convicted u/s 448/324/323/307 IPC, whereas the appeal might have been preferred before the learned Sessions Judge concerned.
The appeal is, accordingly, disposed of with a direction to the appellant to prefer an appeal before the appropriate Forum in terms of the provisions of Section 374(3)(a) of Code of the Criminal Procedure. Section 374 CrPC reads as follows:
“ Appeals from convictions -
Page No.# 2/2
In the event of filing such appeal, the appellant will be protected on the point of limitation for
preferring appeal before wrong Forum.
Appeal stands disposed of.
Return back the LCR.
JUDGE
Milansinha/-
Comparing Assistant
3 issues framed by the court
Whether an appeal preferred before the wrong forum in violation of Section 374 CrPC merits disposal or remand for prosecution?
Whether the appellant is protected against limitation bar for filing appeal in the wrong forum?
Whether the present criminal appeal lies before the High Court or the Sessions Judge?
2 provisions across 1 enactments
BIJU KOTOKY @ BIJU KATAKY
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
