Single judge oral order where counsel conceded an appeal against acquittal under Section 372 CrPC would not lie. Leave granted to convert the appeal into an application under Sections 399 and 401 CrPC.
Leave granted to convert the appeal into an application under Sections 397 and 401 CrPC; steps to be taken by 20/05/2016.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.309 of 2016 Arising Out of PS.Case No. -223 Year- 2003 Thana -NAUTAN District- WEST CHAMPARAN (BETTIAH)
====================================================== Parvati Devi @ Archana Devi .... .... Appellant/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sameer Ranjan, Advocate For the Respondent/s : Smt. Abha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 12-05-2016 After making some arguments, learned counsel for the appellant realized that in view of Division Bench judgment of this Court in the matter of Jai Nath Prasad vs. The State of Bihar reported in (2015) 2 PLJR 798, an appeal under Section 372 of the Code of Criminal Procedure against a judgment of acquittal would not lie before this Court. Learned counsel for the appellant seeks leave to convert the present appeal into an application under Sections 397 and 401 of the Code of Criminal Procedure. Let steps in this regard be taken by 20th May, 2016.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U
2 issues framed by the court
Whether an appeal under Section 372 CrPC against a judgment of acquittal can lie in this Court.
Whether leave may be granted to convert the present appeal into an application under Sections 397 and 401 CrPC.
Colour shows how this judgement treated each authority
Jai Nath Prasad vs. The State of BiharReferred¶2
(2015) 2 PLJR 798
2 provisions across 1 enactments
Parvati Devi @ Archana Devi
The State of Bihar & Ors
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
