Rajendra Lal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.386 of 2016 Arising Out of PS.Case No. -119 Year- 2001 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Rajendra Lal son of Late Ganga Lal, resident of village-Kusheshwar Astha, P.S.-Kusheshwar Asthan, District- Darbhanga .... .... Appellant/s

Versus

1.The State of Bihar 2.Bindeshwari Poddar @ Beeno Poddar son of Late Jilebi Poddar

3. Krishna Mohan Poddar son of Late Satyanarayan Poddar

4. Triveni Poddar son of Jilebi Poddar Resident of village- Jamalpur, P.S.-Jamalpur, District- Darbhanga

5. Mithalesh Poddar son of Ratan Poddar Resident of village- Dindayal Road, P.O. + P.S.-Barauni, District- Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shyama Kant Singh, Advocate For the Respondent/s : Mr. Abhay Kumar, 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. Shyama Kant Singh 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 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The application is disposed of as withdrawn with liberty

Patna High Court CR. APP (SJ) No.386 of 2016 (2) dt.05-07-2016 2/2 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