Single bench order of the Patna High Court dismissing a criminal appeal on the ground that the challenged judgment was not appealable under the Cr.P.C. The Court converted the appeal into a criminal revision.
Impugned Criminal Appeal quashed and converted into Criminal Revision No.972 of 2018.
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.2265 of 2019 In
CRIMINAL REVISION No.972 of 2018
Arising Out of PS. Case No.-2323 Year-2004 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur
Patna High Court CR. APP (SJ) No.2265 of 2019(9) dt.27-08-2019 2/3
ORAL ORDER
9 27-08-2019
Heard learned counsel for the appellants as well as learned Additional Public Prosecutor along with learned counsel for the informant.
Appellants, herein, were an accused relating to Complaint Case No.2323 of 2004, which ultimately ended in acquittal, against which, the complainant had preferred Cr. Appeal No.35 of 2017 before the Sessions Judge, Muzaffarpur and the same was entertained, allowed vide judgment dated 29.06.2018 against which, initially Criminal Revision No.972 of 2018 was filed and, as is evident from order dated 23.04.2019, has been converted as Criminal Appeal.
Chapter-XXIX of the Cr.P.C. deals with the heading ‘appeals’ and Sections 373 and 374 Cr.P.C. identify the relevant orders/ judgments, which are an appealable. After going through the same, it is apparent that no judgment passed by the lower appellate Court has been identified to be an appealable and consequent thereupon, appeal would not be entertainable.
In the aforesaid background, the judgment
impugned has rightly been challenged under Criminal Revision. On account thereof, instant Criminal Appeal is directed to be converted as Criminal Revision, whereupon appellants/
Patna High Court CR. APP (SJ) No.2265 of 2019(9) dt.27-08-2019 3/3
petitioners as well as office will proceed in terms thereof.
(Aditya Kumar Trivedi, J)
vikash/-
U T
2 issues framed by the court
Whether a Criminal Appeal filed on a non-appealable judgment can be entertained?
Whether the impugned order is maintainable under the Criminal Procedure Code?
1 provisions across 1 enactments
Rajesh Pandey and others
The State of Bihar
Digvijay Mishra
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
