Patna High CourtCR. APP (SJ)/552/2016disposed

Abdul Wahab @ Sk. Wahab @ Vahav v. The State Of Bihar And ORS

2016-08-01Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.552 of 2016 Arising Out of PS.Case No. -84 Year- 1994 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abdul Wahab @ Sk. Wahab @ Vahav, Son of Late Md. Khalique, Resident of Village: Siswaniya, P.S.: Palanwa, District: East Champaran. .... .... Appellant

Versus

1. The State of Bihar

2. Sk. Alimul Hoda Son of Sk. Mahammad.

3. Sk. Kamrul Hoda Son of Sk. Mahammad.

4. Kalimul Hoda Son of Sk. Mahammad.

5. Sk. Abbass, Son of Late Sk. Yunus.

6. Sk. Hannan Son of Late Sk. Iliyas.

7. Sk. Bhim, Son of Late Sk. Iliyas.

8. Sk. Samiullah @ Subhas, Son of Late Sk. Yunus. All Resident of Village- Siswaniya, P.S. Palanwa, District- EastChamparan. .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Ram Adya Singh, Advocate For the Respondent/s : Mr. Binod Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-08-2016 At the outset, it is submitted by the learned counsel for the appellant that the application has wrongly been filed as criminal appeal before the Single Judge as the order of acquittal has been passed under Section 307 of the Indian Penal Code and the maximum punishment prescribed for the offence is rigorous imprisonment for life.

Patna High Court CR. APP (SJ) No.552 of 2016 (2) dt.01-08-2016 2/2 In that view of the matter, learned counsel for the appellant seeks leave to withdraw the present memo of appeal in order to file an appropriate appeal before Division Bench against the same impugned judgment and order. Leave is granted.

The application is disposed of as withdrawn.

In case, the appellant files a true photostat copy of the impugned judgment and order, the Registry is directed to return the certified copy of the impugned judgment and order to the learned counsel for the appellant after retaining its photostat copy on record.

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