Umesh Mishra v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1316 of 2017 Arising Out of PS. Case No.-6 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Umesh Mishra Son of Late Rameshwar Mishra, Resident of Village- Tajpura Fulwaria, P.S.- Manjhi, Dist- Saran at Chapra. ... ... Appellant/s
Versus
The Union Of India ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Chandra Mohan Jha-Advocate For Union of India :
Mr. Rakesh Kumar Sinha-C.G.C.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-04-2019 Heard learned counsel for the appellant as well as learned counsel representing Union of India.
It has been submitted at the end of the appellant that after spending the period of sentence, appellant has been released. So, now, this appeal lost its utility as appellant does not want to proceed there with. Hence, appellant be allowed to withdraw the appeal.
Learned counsel representing the Union of India did not object.
Two Sections that is Section 383 of the Cr.P.C. prescribing summery dismissal of the appeal as well as Section 384 of the Cr.P.C. lying down the procedure, when appeal is not summarily dismissed, are relevant one to be taken note of at the
Patna High Court CR. APP (SJ) No.1316 of 2017(7) dt.02-04-2019 2/2 present juncture. Because of the fact that this appeal has already been admitted on account thereof, there would be applicability of Section 384 of the Cr.P.C. But after all, it happens to be the will, wish of the appellant that is subject to consideration. If appellant seeks withdrawal of appeal, there happens to be no provision under the Cr.P.C. whereunder his submission could be derecognized. As such, appellant is allowed to withdraw the appeal. Consequent thereupon, this appeal is dismissed as withdrawn.
Office to transmit the L. C. Record to the learned lower Court at once.
(Aditya Kumar Trivedi, J) vikash/- U T