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/-
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