Md. Badrujjama v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.462 of 2016 Arising Out of PS.Case No. -118 Year- 2001 Thana -DHURAIYA District- BANKA ====================================================== Md. Badrujjama son of Late Makbul Ahmad, resident of village - Bishanpur, P.S. - Dhoraiya, District- Banka.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. Md. Mahfooz son of Late Ajij.

3. Md. Jasim son of Late Lakkho.

4. Md. Lutto son of Ismail.

5. Md. Ajhar

6. Md. Nayeem Both sons of Late Shekhawat.

7. Md. Akhtar son of Late Shekhawat.

8. Md. Maroof.

9. Md. Farooque Both sons of Azhar Hussain.

10. Md. Jamil

11. Md. Nasim Both sons of Md. Akhtar Hussain.

All residents of village and P.O. - Bishanpur, P.S.- Dhoraiya, District - Banka.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ranjeet Kumar Das No.- 2 For the Respondent/s : Mr. Zeyaul Hoda, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-07-2016 At the outset, it has been submitted by learned counsel for the appellant Mr. Ranjeet Kumar Das that due to inadvertence the matter has been filed before this Court as a Single Judge Appeal. He submits that challenge is to an order of acquittal passed by the sessions court in a case in connection with charge under Section 307 of the Indian Penal Code and, as such, an

Patna High Court CR. APP (SJ) No.462 of 2016 (2) dt.05-07-2016 2/2 appeal before the Division Bench would lie. In that view of the matter, he seeks leave of the Court to withdraw the instant memo of appeal in order to file an appropriate appeal before the Division Bench of this Court.

Leave is granted.

The application is disposed of as withdrawn with liberty to the appellant to file another appropriate appeal in the same subject matter before this Court.

In case the appellant files a true photo copy of the impugned judgment passed by the trial court, the Registry is directed to return the certified copy of the impugned judgment to the learned counsel for the appellant after retaining the photo copy on record.

(Ashwani Kumar Singh, J) Md.S./- U T