Informant's appeal against acquittal; State objected that the appellant-informant had settled with the accused and turned hostile. Counsel sought withdrawal and the appeal was dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.341 of 2024
Arising Out of PS. Case No.-543 Year-2021 Thana- BIDUPUR District- Vaishali
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Rakesh Kumar Singh, Son Of Sahdev Singh, Resident of village -Saidpur Ganesh PO- Panapur Dharampur PS- Bidpur District -Vaishali
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Kumar Abhishek, Advocate For the State : Ms.Anita Kumari Singh, APP For the Respondent Nos.2to7: Mr.Najmul Hoda, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
for the respondent nos. 2 to 7 and learned Addl.P.P. for the State.
2. As the hearing began, learned Addl.P.P. for the State
pointed out to this Court that in this case it is the informant who is appellant before this Court who has demolished the whole prosecution case after entering into a settlement which fact would
Patna High Court CR. APP (DB) No.341 of 2024(7) dt.06-08-2024 2/2
be evident from his statements in paragraph ‘8’ and ‘9’ of his deposition, still he has preferred this appeal against acquittal which is nothing but an attempt to play hot and cold at the same time, misusing the process of law and then it results in wastage of the time of the Court.
3. It was also pointed out that from the judgment of the learned trial court itself, it would appear that almost all the prosecution witnesses including the informant have been declared hostile as they did not support the prosecution case.
4. In view of the above objections, we called upon learned counsel for the appellant to explain the conduct of the appellant and the materials available on the record, if any, to take a different view other than what have been taken by the learned trial court.
5. Learned counsel for the appellant has, at this stage, sought permission to withdraw this appeal.
6. Permission is granted.
7. This appeal is dismissed as withdrawn.
(Rajeev Ranjan Prasad, J)
( Shailendra Singh, J)
arvind/-
U
Rakesh Kumar Singh
The State of Bihar
Kapil Singh
Avinash Kumar @ Nath
Munilal Singh @ Jitendra Kumar
Vikash Singh @ Vikash Kumar
Rajeev Ranjan Prasad
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
