The appellant challenged the registration of a criminal miscellaneous case under Section 349 Cr.P.C. for non-production of diary. The High Court held the appeal premature as no further order was passed after registration and dismissed it.
The Criminal Appeal (SJ) No.9 of 2003 was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.9 of 2003
Arising Out of PS.Case No. -null Year- null Thana -null District- SASARAM (ROHTAS)
=========================================================== Arun Paswan son of Ramrup Paswan, resident of Bochahi, P.S. Munger (M), district – Munger.
State of Bihar
.... .... Appellant Versus .... .... Respondent
=========================================================== Appearance : For the Appellant : Mr. For the Respondent : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT
Date: 01-05-2018
Patna High Court CR. APP (SJ) No.9 of 2003 dt.01-05-2018
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and miscellaneous case was registered and the case was posted for
hearing on 28.1.2002.
Learned counsel for the appellant has assailed the judgment and he has already been directed to remain present till the court rise at 4.30 P.M., vide order dated 19.1.2002 and as such action started under Section 349 of Cr.P.C. is just and proper and amounts to put him under double jeopardise as he has already been sentenced earlier as such order dated 19.1.2002 is not sustainable in the eye of law.
However, from perusal of the order it appears that in this case miscellaneous case was registered vide order dated 19.1.2002 and no further order has been passed in this case be that as it may it appears that this appeal is premature, as such I find no merit in this appeal.
Hence, it is dismissed.
(Vinod Kumar Sinha, J)
chn/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 04.05.2018 |
| Transmission Date |
04.05.2018 |
2 issues framed by the court
Whether the appeal against the registration of a criminal miscellaneous case under Section 349 Cr.P.C. is sustainable when no further order has been passed.
Whether the appeal filed under Section 351 Cr.P.C. is premature as the matter decided below is still pending further orders.
2 provisions across 1 enactments
Arun Paswan
State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
