Sunil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.196 of 2016 Arising Out of Punpun PS.Case No. -72 of 1992 Thana -Punpun District- Patna ======================================================

1. Sunil Kumar Singh, Son of Ramchandra Singh, Resident of VillagePothi, P.S- Punpun, District- Patna. .... .... Appellant

Versus

1. The State of Bihar

2. Shiv Nath Ram, Son of Bipat Ram,

3. Sikandar Roy, Son of Manak Roy, Both resident of Village Pothi, P.S. Punpun, District- Patna.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Mritunjay Prasad Singh For the Respondent/s : Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 05-07-2016 Heard Mr. M.P.Singh, learned Counsel for the appellant, and Mr. Ajay Mishra, learned Additional Public Prosecutor, appearing for the State.

In view of the fact that the injured has not preferred this appeal and the appellant is not injured, the appellant is neither the guardian of the injured person nor is he legal heir of the injured person inasmuch as the alleged injured is survived. Coupled with the above fact, there is no application seeking leave to prefer this appeal under the proviso to Section

Patna High Court CR. APP (DB) No.196 of 2016 (2) dt.05-07-2016 372 of the Code of Criminal Procedure.

This appeal is, therefore, not maintainable and is, accordingly, dismissed.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U