The Patna High Court dismissed the criminal appeal as not pressed because the appellant failed to comply with a prior order dated 10.08.2021 requiring submission of witness depositions and documents, and the appellant stated having no instructions to proceed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.804 of 2019
Arising Out of PS. Case No.-312 Year-2017 Thana- MUNGER MUFFASIL District- Munger
====================================================== SURENDRA SINGH
... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant : Dr. Manoj Kumar, Advocate For the Respondent : Dr. Mayanand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
... ... Respondent/s
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)
8 15-12-2022
The order of this Court dated 10.08.2021, whereby the appellant was directed to file a supplementary affidavit annexing certified/ xerox/ true copies of the depositions of the witnesses examined and the documents exhibited during the trial has not been complied with.
Learned counsel for the appellant submits that despite the repeated requests made to the appellant, he has not supplied the necessary documents in order to comply with the aforesaid order. He has further submitted that he does not have any further
Patna High Court CR. APP (DB) No.804 of 2019(8) dt.15-12-2022 2/2
instructions to press this appeal.
This appeal is accordingly dismissed as not pressed.
(Chakradhari Sharan Singh, J)
( Chandra Prakash Singh, J)
gauravkr/-
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2 issues framed by the court
Whether the appeal should be decided when the appellant failed to comply with a prior order to submit documents and did not press the appeal.
Whether the failure to file a supplementary affidavit with trial documents provides a ground to dismiss the appeal as not pressed.
Surendra Singh
The State of Bihar
Chakradhari Sharan Singh
Chandra Prakash Singh
As recorded by the court registry
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