Criminal miscellaneous application filed to quash an order dismissing a criminal appeal for default. The single-judge Bench held that authorities must decide the appeal on merits after appointing an amicus curie.
Impugned order of 13.10.2022 set aside; Criminal Appeal restored to original file. Court directed appointment of amicus curie.
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.44544 of 2023
Arising Out of PS. Case No.-30 Year-2005 Thana- PIRPAINTI District- Bhagalpur
======================================================
SK. KASIM @ MD. KASIM SON OF SK. MUNIR RESIDENT OF VILLAGE- GOVINDPUR, PS- PIRPAINTI, DIST-- BHAGALPUR
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Tarun Prasad Mandal For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 25-08-2023
Heard learned counsel for petitioner and learned
Additional Public Prosecutor.
Patna High Court CR. MISC. No.44544 of 2023(2) dt.25-08-2023 2/2
decide the appeal on merits.
aside and the Criminal Appeal is restored to it original file.
(Sandeep Kumar, J)
Sunnykr/- U
1 issue framed by the court
Whether a criminal appeal can be dismissed merely for non-prosecution, or if the court must proceed to decide it on merits.
Sk. Kasim @ Md. Kasim Son of Sk. Munir
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
