A single-judge Bench rejected the appellant's memo of appeal against an order dated 02-07-2019. The lower court refrained from deciding due to missing records. The High Court distinguished the provision holding no appeal lay against that order.
Memo of appeal rejected; reference to high court for appropriation of L.C. records to adjudicate prayer.
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 CRIMINAL APPEAL (SJ) No.1043 of 2019
Arising Out of PS. Case No.-54 Year-2017 Thana- GOPALGANJ TOWN District- Gopalganj
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ANJALI DEVI Wife of Parmod Kumar @ Parmod Prasad Resident of Village- Madarsa Road, Hanuman Gadi, Ward No. 12, P.S.- Gopalganj, Town, District- Gopalganj.
... ... Appellant/s
Versus
| The State of Bihar =============== |
... ... Responden ======================================= |
|---|---|
| Appearance : | |
| For the Appellant/s | : Mr.Pankaj Kumar Dubey, Adv. |
| For the Respondent/s =============== |
: Mr.Abhay Kumar, APP ======================================= |
... ... Respondent/s
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Heard learned counsel for the appellant as well as learned
APP.
No order is there in terms of Section 452 of the Cr.P.C. whereupon, the appeal would not lie. Accordingly, the memo of appeal is rejected.
However, after going through the order impugned, it is evident that learned lower court has refrained to pass any order in the background of absence of L.C. record which, the learned lower court may request the appellate court, if not wanted, for getting the prayer of the appellant properly adjudicated upon.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
1 issue framed by the court
Whether the appeal against the lower court's order is maintainable under Section 452 of the Cr.P.C.
1 provisions across 1 enactments
Anjali Devi
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
