Ramdulare Yadav @ Ram Dulare Yadave @ Ram Dular Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18023 of 2023 Arising Out of PS. Case No.-458 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== RAMDULARE YADAV @ RAM DULARE YADAVE @ RAM DULAR YADAV SON OF LATE SURAJ SINGH YADAV @ SURAJ SINGH YADAVE RESIDENT OF VILLAGE - MARAHI (MARHI), P.S. - MASIMABAD, DIST. - GAJIPUR, UTTAR PRADESH ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2023 Heard the parties.

This application has been filed for quashing the order dated 17.01.2023 passed by learned Court of 1st, Additional Sessions Judge, Saran at Chapra vide Cr. App. No. 67 of 2014. The application was filed beyond the limitation period. Learned counsel for the petitioner submits that this has occurred because the father of the petitioner had died and he could not come to know about the details of the case. In these circumstances, the order dated 17.01.2023 passed in Cr. Appeal No. 67 of 2014 by learned 1st Additional Sessions Judge, Saran at Chapra is set aside. The application of the petitioner shall be heard on merits by the Appellate Court and the Appellate Court will

Patna High Court CR. MISC. No.18023 of 2023(2) dt.28-03-2023 2/2 proceed in accordance with law to hear the appeal of the father of the petitioner.

With the aforesaid observation and direction, this application is allowed and the order dated 17.01.2023 passed in Cr. Appeal No. 67 of 2014 by learned 1st Additional Sessions Judge, Saran at Chapra is hereby quashed.

(Sandeep Kumar, J) Shishir/Vikas U T