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2025 DAILYLAW 23766 (PAT)

ARUN KUMAR SINGH v. THE STATE OF BIHAR

CR. APP (SJ)/1045/2024 · 2025-02-10

Rajiv Roy

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1045 of 2024 Arising Out of PS. Case No.-88 Year-2020 Thana- BARHARIA District- Siwan ====================================================== 1. ARUN KUMAR SINGH S/O PULISH SINGH R/O MANDIR MATHURAPUR, PAKWALIA, P.O- MATHURAPUR, P.S- BARHARIYA, DISTT.- SIWAN, BIHAR. 2. NITISH KUMAR S/O BASHISHTH SINGH R/O MANDIR MATHURAPUR, PAKWALIA, P.O- MATHURAPUR, P.S- BARHARIYA, DISTT.- SIWAN, BIHAR. 3. JANGBAHADUR SINGH S/O SHIVGOVIND SINGH R/O MANDIR MATHURAPUR, PAKWALIA, P.O- MATHURAPUR, P.S- BARHARIYA, DISTT.- SIWAN, BIHAR. ... ... Appellant/s Versus 1. THE STATE OF BIHAR 2. DEEPLAL RAM S/O TUNNI RAM R/O MANDIR MATHURAPUR, PAKWALIA, P.O- MATHURAPUR, P.S- BARHARIYA, DISTT.- SIWAN, BIHAR. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Harsh Vardhan, Advocate For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 10-02-2025 Heard Mr. Harsh Vardhan, learned counsel for the appellants and the State. 2. The present appeal has been directed: “against the Order dated 5.07.2022 passed by Learned ADJ-I-cum-Special Judge, Siwan, in Barhariya P.S No. 88 of 2020 by which he has been pleased to take cognizance against the appellants under section 323, 341, 504, 34 of the Indian Penal Patna High Court CR. APP (SJ) No.1045 of 2024(3) dt.10-02-2025 2/3 Code and 3 (i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.” 3. The order was passed taking cognizance against the appellants on 05.07.2022. 4. As per the office notes, the period of filing the appeal lapsed on 10.10.2022. 5. After a delay of 510 days, the appeal was filed without any limitation petition. 6. The matter was taken up on 20.03.2024 by the Joint Registrar (Judicial) and gave time till 10.04.2024 to remove the stamp report defect(s) which included filing of the limitation petition. 7. We are now on 10.02.2025 i.e. ten months later without any limitation petition. 8. It clearly shows that the appellants had no interest in filing the present appeal which has been filed after the delay of 510 days without any limitation petition even after the same was pointed out by the learned Joint Registrar (Judicial), no such limitation petition was filed. 9. Accordingly, in absence of limitation petition, it has to be dismissed. Patna High Court CR. APP (SJ) No.1045 of 2024(3) dt.10-02-2025 3/3 10. Accordingly ordered. 11. The present appeal stands dismissed. Adnan/- (Rajiv Roy, J) U