The High Court dismissed the criminal appeal as withdrawn by the appellant. The court noted that the withdrawal would allow the appellant to file the appeal in accordance with Section 372 Cr.P.C. before the competent appellate court if filed within the statutory period.
The instant appeal was dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2617 of 2019
In
CRIMINAL APPEAL (DB) No.462 of 2019
Arising Out of PS. Case No.-139 Year-2013 Thana- MAKHDUMPUR District- Jehanabad
======================================================
MUNNA KUMAR Son of Shiv Nandan Yadav Resident of Village - Dhira Bigha, P.S.- Makhdumpur (Tehta), Distt - Jehanabad.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Jagdish Prasad, Advocate For the Respondent/s : Km. Shashi Bala Verma, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
4 24-09-2019 Heard learned counsel for the appellant as well learned A.P.P. for the State.
Learned counsel for the appellant, who submits that in accordance with Section 372 of the Cr.P.C, informant being an injured as well as to be the victim is entitled to file an appeal against the judgment of acquittal before the Court to whom ordinarily the appeal against the conviction would lie which, in the facts and circumstances, happens to be the Court of Sessions Judge whereupon the appellant be allowed to withdraw the instant appeal so that he be able to file in accordance with
Patna High Court CR. APP (SJ) No.2617 of 2019(4) dt.24-09-2019 2/2
Section 372 of the Cr.P.C. before the competent appellate Court.
Accordingly, the instant appeal is dismissed as
withdrawn.
If appeal is filed within the fortnight, then in that circumstance, there would not be a question of limitation otherwise appellant to have explain the delay.
(Aditya Kumar Trivedi, J)
T.Kr./-
U T
2 issues framed by the court
Whether the appellant was entitled to withdraw the criminal appeal to file before a competent appellate court.
Whether the appeal is maintainable under Section 372 of the Cr.P.C.
1 provisions across 1 enactments
Muna Kumar
The State of Bihar
Rajdeo Yadav
Ranbir Yadav
Babloo Kr.
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
