The High Court at Patna allowed a criminal miscellaneous application to quash Cr. Appeals (SJ) No.4058 of 2018 because defects were removed after the peremptory period precluded restoration of the pending appeal.
The criminal miscellaneous application is allowed; Cr. Appeal (SJ) No.4058 of 2018 is restored to its original status.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49269 of 2019
In
CRIMINAL APPEAL (SJ) No.4058 of 2018
Arising Out of PS. Case No.-423 Year-2017 Thana- DIGHA District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Tuhin Shankar For the Opposite Party/s : Mr.Damodar Prasad Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Heard learned counsel for the petitioners as well as learned APP.
It has been submitted at the end of appellants/petitioners that the defects have been removed but after peremptory period whereupon staling the effect of peremptory order dated 03.01.2019, Cr. Appeal (SJ) No.4058/2018 is directed to be restored to its original status, on account thereof, Cr. Misc. No.49269/2019 is allowed.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
2 issues framed by the court
Whether Criminal Miscellaneous application No.49269 of 2019 deserves allowance given defects were removed after peremptory period.
Whether Cr. Appeal (SJ) No.4058 of 2018 needs to be restored to original status.
1 provisions across 1 enactments
Rajib Dey @ Rajeev Dey and Bishal Kumar Dubey
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
