In this short order, the Patna High Court dismissed an application for leave to file appeal under Section 374(4) CrPC against an appellate order. The court held that an application under Section 378(4) is not maintainable against an appellate order and dismissed the petition.
Application dismissed with liberty to seek other remedy.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
SLA No.19 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- KHAGARIA =========================================================== Ram Raksha Singh son of late Babulal Singh Resident of village Tetarabad Chanpura P.S. & District Khagaria. .... .... Appellant Versus 1. The State of Bihar.
Respondents no. 2 to 9 residents of village Tetara Badchandpura, P.S. and District Khagaria.
.... .... Respondents
=========================================================== Appearance :
For the Appellant/s : Mr. Rajendra Singh, Advocate For the Respondent/s : Mr. S. A. Ahmad, APP
=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date: 16-05-2016
The defects pointed out by the Registry are ignored.
preferred under Section 374(4) in place of Section 378(4) of the Code of Criminal Procedure (for short “CrPC”), the petitioner seeks
leave to file appeal against the judgment and order dated
Patna High Court SLA No.19 of 2016 dt.16-05-2016
2/2
29.03.2016 passed by the learned 1st Additional Sessions Judge, Khagaria in Cr. Appeal No. 64 of 2014 by which, he has set aside the judgment of conviction and order of sentence dated 19th July, 2014 passed by the learned Judicial Magistrate, 1st Class, Khagaria in Complaint Case No. 582-C of 2009/ Tr. No. 273 of 2014.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
3 issues framed by the court
Whether an application under Section 374(4) CrPC is maintainable to seek leave to file appeal against an appellate order acquittng acquitting accused.
Whether leave under Section 378(4) CrPC can be sought for appeal against an appellate order of acquittal.
Whether the present application dismissing is thoroughly misconceived and not maintainable against an appellate order.
Ram Raksha Singh
The State of Bihar
Kaleshwar Yadav
Rama Devi
Dewan Yadav
Jai Jai Ram Yadav
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
