The High Court at Patna, in Criminal Misc. No. 49506 of 2019, allowed the application restoring Criminal Appeal (SJ) No. 4337 of 2018 to its original status despite defects being removed after the peremptory period.
Criminal Appeal (SJ) No. 4337 of 2018 is directed to be restored to its original status.
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 MISCELLANEOUS No.49506 of 2019
In
CRIMINAL APPEAL (SJ) No.4337 of 2018
Arising Out of PS. Case No.-22 Year-2005 Thana- SALAIYA District- Aurangabad
======================================================
Birja Yadav @ Brij Mohan Yadav, aged about 31 years, male Son of Tetar Yadav Resident of Village-Chauthaia, P.S.-Salaiya, District-Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar Singh For the Opposite Party/s : Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
It has been pleaded at the end of the petitioner that defects have been removed, but after the peremptory period. That being so, staling the effect of order dated 02.04.2019, Cr. Appeal (S.J.) No.4337 of 2018 is directed to be restored to its original status.
Consequent thereupon, Cr. Misc. No.49506 of 2019 is
allowed.
(Aditya Kumar Trivedi, J)
vikash/-
U T
1 issue framed by the court
Whether the criminal appeal should be restored to its original status after procedural defects were removed beyond the peremptory period.
Birja Yadav
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
