The Patna High Court allowed the appellant to condone delay for a withdrawal of criminal appeal against acquittal. The appeal was dismissed as withdrawn.
Appeal dismissed as withdrawn with liberty to explain delay and file before Sessions Judge within fortnight.
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.2977 of 2019
Arising Out of PS. Case No.-94 Year-1994 Thana- RAGHOPUR District- Supaul
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SATYADEO PRASAD SAH @ DARPI SAH S/o Balgovind Sah R/o villageBhim Nagar Lalpur, P.S.- Birpur, District- Supaul
... ... Appellant/s
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Pramod Mishra For the Respondent/s : Mr. Suraj Kumar
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
learned APP.
As, instant appeal has been preferred against an order dated 09.05.2019, passed by learned A.C.J.M., Birpur, Supaul by way of acquitting the respondents, relating to a Police case,
Patna High Court CR. APP (SJ) No.2977 of 2019(3) dt.02-09-2019 2/2
bearing Raghopur P.S. Case No.94/1994, in the aforesaid background, learned counsel for the appellants seek withdrawal of the instant memo of appeal, with a liberty that delay be condoned while getting this appeal filed before learned Sessions Judge.
In case, this appeal is filed within a fortnight before the learned Sessions Judge then in that circumstance, delay would be condoned otherwise, the appellants will have to explain the delay and, with the aforesaid liberty, instant memo of appeal is directed to be dismissed as withdrawn.
(Aditya Kumar Trivedi, J)
amit/-
U T
1 issue framed by the court
Whether condonation of delay can be granted for a withdrawal of a criminal appeal against an acquittal.
SATYADEO PRASAD SAH @ DARPI SAH
The State of Bihar
Bishundeo Paswan
Ram Kumar Singh
Mahendra Paswan
Yogendra Paswan
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
