Amarnath Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5573 of 2024 Arising Out of PS. Case No.-19 Year-2022 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.
Amarnath Chaudhary Son of Ajavlal Chaudhary Resident of VillageMahua, P.S.- Mahua, Distt.- Vaishali 2.
Hardat Chaudhary @ Hardat Kumar Son of Amarnath Chaudhary Resident of Village- Mahua, P.S.- Mahua, Distt.- Vaishali 3.
Ratan Chaudhary Son of Gayaneshwar Chaudhary Resident of VillageMahua, P.S.- Mahua, Distt.- Vaishali 4.
Shivdutt Chaudhary @ Shivdutt Kumar Son of Amarnath Chaudhary Resident of Village- Mahua, P.S.- Mahua, Distt.- Vaishali ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ramji Pawan Son of Late Kailash Paswan Resident of Village- Mahua, P.S.- Mahua Mukundpur, Distt.- Vaishali ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
None For the Respondent/s :
Mr. Sadanand Paswan, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-02-2025 No one appears on behalf of the appellant though Mr. Sadanand Paswan, learned Spl.P.P. is present.
2. The present appeal has been preferred:
"for quashing the order dated 16.01.2024 passed by the learned Exclusive Special Court (SC/ST), Vaishali at Hajipur, in Complaint Case No. C1 19/2022 dated 12.01.2022 for an offence U/S-323/504 of the I.P.C. and sec. 3(1) (s) of the S.C./S.T. (P.O.A.) Act, by which order of cognizance
Patna High Court CR. APP (SJ) No.5573 of 2024(3) dt.10-02-2025 2/2 for the above mentioned Sections of I.P.C. as well as Under Section of S.C./S.T. (POA) Act, has been taken and further process have been issued against the appellants."
3. The cognizance was taken in the matter on 16.01.2024 and the period for filing the appeal came to an end on 20.04.2024.
4. The appeal was filed on 09.12.2024 without any limitation petition. There is/was delay of 229 days.
5. On 20.12.2024, time till 03.01.2025 was granted to remove the defect(s) which included the filing of the limitation petition. Still, the appellant chose to ignore the said order passed by the Joint Registrar (Judicial).
6. An appeal without limitation petition has got no meaning. Here it is delay of 229 days and the appellant not only chose not to file the same alongwith the appeal has even ignored the order of the Joint Registrar (Judicial).
7. The present appeal stands dismissed.
(Rajiv Roy, J) Adnan/- U T