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Patna High Court

PAWAN CHAOUDHARY @ PAWAN KUMAR CHOUDHARYversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is incompetent and is dismissed as it cannot proceed against the State of Bihar alone.

Summary

Pawan Chaudhary appealed against the State of Bihar and co-accused challenging a peremptory order. The High Court examined the appeal and noted that the peremptory order had already taken effect. It held that an appeal cannot be filed solely against the State of Bihar in the present circumstances. Consequently, the appeal was deemed incompetent. The Court dismissed the appeal.

Issues considered

  • Whether the appeal can proceed against the State of Bihar alone

Subjects

  • appeal
  • competence
  • peremptory order
  • criminal procedure
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1121 of 2019
                                               In
                                 CRIMINAL APPEAL (SJ) No.2063 of 2019
                      Arising Out of PS. Case No.-5 Year-2008 Thana- KHIRHAR District- Madhubani
                 ======================================================
                 Pawan Chaoudhary @ Pawan Kumar Choudhary @ Pavan Kumar Chaudhri, Son of
                 Pramod Chandra Choudhary @ Naro Narayan Chaudhri, Resident of Village - Jhitki,
                 P.S.- Hirhar, Dist.- Madhubani.                          ... ... Appellant
                                                  Versus
            1.    The State of Bihar
            2.   Mithilesh Chaudhary @ Murari Chaudhary Son of Pramod Chandra Choudhary
                 Resident of Village - Jhitki, P.S.- Khirhar, Dist. - Madhubani.
            3.   Sadhna Devi W/o Mithilesh Chaudhary Resident of Village - Jhitki, P.S.- Khirhar,
                 Dist. - Madhubani.
            4.   Juganu Chaudhary Son of Mithlesh Chaudhary Resident of Village - Jhitki, P.S.-
                 Khirhar, Dist. - Madhubani.
                                                                            ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Md. Shahnawaz Ali, Advocate
                 For the State           :        Mr. Zeyaul Hoda, Addl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

10 25-03-2026                  Perused the office notes.

                              2. The peremptory order has already taken effect.

                              3. In the aforesaid view of the matter, the appeal cannot

                 proceed against respondent no. 1 i.e. State of Bihar alone.

                              4. Since the appeal has become incompetent. It is dismissed

                 accordingly.


                                        (Rajeev Ranjan Prasad, J)


                                             ( Soni Shrivastava, J)
SUSHMA2/-
U


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