Appellant challenged an order via miscellaneous appeal. The court held, following a co-ordinate bench decision, that such a miscellaneous appeal is not maintainable and the remedy is criminal revision; it directed the Registry to convert the appeal into a criminal revision for listing before the roster bench.
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 Miscellaneous Appeal No.115 of 2024
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Anjar Ahamd @ Md Anajar Ahamad @ Anjar Ahmad Son of Md. Kitabuddin Resident of Village-Ward No. 3 Barhi, P.S. Jai Nagar District-Madhubani.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Ravi Prakash For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
2 20-11-2024 Heard Miscellaneous Appeal No. 115 of 2024.
2. Prima facie , the present Miscellaneous Appeal is not maintainable in the light of Co-ordinate Bench decision dated 24.06.2023 in Miscellaneous Appeal No. 237 of 2020 (Md. Manjoor Alam @ Md. Manzoor Alam vs. Hasena Khatoon). On the other hand, appellant has remedy under criminal revision. Thus, the present Miscellaneous Appeal No. 115 of 2024 stands disposed of for the purpose of statistics.
3. Registry is hereby requested to convert this
Patna High Court MA No.115 of 2024(2) dt.20-11-2024 2/2
Miscellaneous Appeal to that of criminal revision and list this matter before the concerned Roster Bench.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
abhishekkr/-
U
1 issue framed by the court
Whether a miscellaneous appeal is maintainable against the impugned order, or whether the appellant's remedy lies in criminal revision.
Anjar Ahamd @ Md Anajar Ahamad @ Anjar Ahmad
Shamma Praveen
Sarique Aftas
P. B. Bajanthri
S. B. Pd. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
