Sk. Kasim @ Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44544 of 2023 Arising Out of PS. Case No.-30 Year-2005 Thana- PIRPAINTI District- Bhagalpur ====================================================== SK. KASIM @ MD. KASIM SON OF SK. MUNIR RESIDENT OF VILLAGE- GOVINDPUR, PS- PIRPAINTI, DIST-- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-08-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

2. This application is filed for quashing the roder dated 13.10.2022 passed by learned Additional Sessions JudgeXVI, Bhagalpur in Cr. Appeal no. 57/2013 arising out of Pirpainti P.S. Case No. 30/2005 corresponding to G.R. No. 252/2005 Trial No. 1342/2013 has been dismissed for want of prosecution and restore the Cr. Appeal No. 57/2013.

3. By the impugned order dated 13.10.2022, Cr. Appeal No. 57 of 2013 has been dismissed for default by the Additional Sessions Judge XVI, Bhagalpur.

4. The Criminal Appeal cannot be dismissed for non prosecution rather it is obligatory upon the Court to proceed with the hearing of the appeal after appointing amicus curie and

Patna High Court CR. MISC. No.44544 of 2023(2) dt.25-08-2023 2/2 decide the appeal on merits.

5. In view of the above, the impugned order is set aside and the Criminal Appeal is restored to it original file. (Sandeep Kumar, J) Sunnykr/- U