Kam Raj Prasad @ Kamakhya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1024 of 2020 Arising Out of PS. Case No.-533 Year-2019 Thana- BARH District- Patna ====================================================== 1.

Kam Raj Prasad @ Kamakhya Yadav Son of Ramashray Prasad Yadav @ Ramashray Yadav Resident of Village - Kazichak, Ward No. 24, P.S.- Barh, District- Patna 2.

Suranjan Kumar @ Suraj Yadav Son of Kam Raj Prasad @ Kamakhya Yadav Resident of Village - Kazichak, Ward No. 24, P.S.- Barh, DistrictPatna ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Dhramveer, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2024 I.A. No. 01 of 2024 Heard learned counsel appearing on behalf of the parties.

2. This Interlocutory application has been filed under Section 5 of the Limitation Act by the appellant for condonation of delay of 24 days caused in filing the present appeal.

3. For the reason as mentioned in petition, itself and as aforesaid delay is not hit by the provisions 14 A (3) of the SC/ST Act, Interlocutory Application No. 01 of 2024 stands allowed and disposed of.

Patna High Court CR. APP (SJ) No.1024 of 2020(3) dt.12-09-2024 2/2 CRIMINAL APPEAL (SJ) No.1024 of 2020

4. After short argument, learned counsel appearing on behalf of appellant seeks permission to withdraw the present application, which has been wrongly filed for quashing of FIR, instead of cognizance order.

5. Liberty prayed for challenging the cognizance order.

6. Request allowed.

7. The appeal stands dismissed as withdrawn however with aforesaid liberty.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T