Oral order allowing withdrawal of a criminal appeal filed to challenge acquittal in a Section 307 case, subject to drafting a proper memo within one week without limitation.
Allowed withdrawal of appeal on condition that a properly drafted memo of appeal is filed within one week.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2590 of 2019
Arising Out of PS. Case No.-300 Year-2009 Thana- KADAMKUAN District- Patna
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SHYAM NANDAN YADAV Son of Late Samaru Rai Resident of Mohalla - Kadamkuan Park Road, Samadar Path, P.S.- Kadamkuan, District- Patna
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Ramanath Kumar, Adv. For the Respondent/s : Mr. S.A. Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
the instant appeal was intended to be filed challenging the finding of the learned lower court wherein, appellants have been acquitted for an offence punishable under Section 307/34, which could not be scripted under the memo of appeal and that being so, the present memo of appeal needs to be properly drafted and for that, seeks withdrawal of the same.
Allowed, with a condition that in case, the memo of
Patna High Court CR. APP (SJ) No.2590 of 2019(3) dt.06-08-2019 2/2
appeal is filed within one week, then in that event, there should be no question of limitation. As such, the instant memo of appeal stands dismissed as withdrawn.
(Aditya Kumar Trivedi, J)
perwez
U T
Shyam Nandan Yadav
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
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