Disposed

Parsuram Yadav v. State of Bihar

Patna HC12 Dec 2018CR. APP (SJ)/268/2009

Case brief

AI extract

What is this about?

Justice Aditya Kumar Trivedi held the High Court lacked jurisdiction over the appeal under Section 374(2) CrPC as the sentence did not exceed seven years. The appeal was disposed of with a direction to transmit records to the Sessions Judge.

What did the court decide?

The appeal was disposed of and a direction was issued to transmit records to the Sessions Judge to notice the appellant and proceed.

Parsuram Yadav Vs State of Bihar — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.268 of 2009

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PARSURAM YADAV son of Bishundeo Yadav, resident of Village-Khagaria (Gangiya) PS-Gangour, Distt-Khagaria.

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... ... Appellant/s

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Versus STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ram Sumiran Rai, Advocate For the Respondent/s : Mr. Satya Narayan Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT

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12-12-2018 Gone through the judgment impugned which has been pronounced by the Assistant Sessions Judge-2nd, Civil CourtKhagaria relating to Sessions Trial No. 51/2008 dated 06.03.2009 whereby and whereunder the appellant has been sentenced to undergo RI for three years as well as to pay fine appertaining to Rs. 3000/- in default thereof, to undergo SI for three months under Section 326 of the IPC as well as, RI for 2 years as well as to pay fine of Rs. 2000/- in default thereof, to undergo SI for 3 months, additionally for an offence punishable under Section 27 of the Arms Act and that being so, the instant appeal would not lie before the High Court as provided under Section 374(2) of the CrPC, instead thereof, ought to have been preferred before the Sessions Judge, Khagaria.

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Because of the fact that none appears on behalf of the

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Patna High Court CR. APP (SJ) No.268 of 2009 dt.12-12-2018 2/2

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appellant, the office is directed to transmit the instant memo of appeal with lower court records to the learned Sessions Judge, Khagaria who will notice the appellant and in case of his appearance, will proceed in accordance with law. In terms thereof, the appeal is disposed of.

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(Aditya Kumar Trivedi, J)

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perwez

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	12.12.2018
Transmission Date	12.12.2018

Parsuram Yadav v. State of Bihar

Case brief

What is this about?

What did the court decide?

Parsuram Yadav v. State of Bihar

Case brief

What is this about?

What did the court decide?

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