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Patna High Court

SURESH SINGHversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal was dismissed as not pressed.

Summary

The appellant Suresh Singh filed a criminal appeal before the Patna High Court challenging the acquittal dated 27 November 2020 rendered by the Additional District and Sessions Judge in Sessions Trial No.113/2010. The appeal arose from a case registered as PS Case No.72 of 2009 in Udwant Nagar, Bhojpur. During the hearing, the appellant's counsel expressed that continuing the appeal would be futile and elected not to press the appeal further. The court considered the appellant's decision to abandon the proceedings. Consequently, the High Court dismissed the appeal on the ground that it was not pressed.

Issues considered

  • Whether an appeal can be dismissed when the appellant decides not to press it

Subjects

  • appeal
  • acquittal
  • abandonment
  • criminal procedure
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (DB) No.150 of 2021
                   Arising Out of PS. Case No.-72 Year-2009 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Suresh Singh Son of Late Lalan Singh Resident of Village - Raghunipur, P.S.-
                 Udwant Nagar, Dist.- Bhojpur.

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    CHANDAN SINGH @ MANOJ KUMAR Son of Ram Balak Singh
                 Resident of Village - Raghunipur, P.S.- Udwant Nagar, Dist.- Bhojpur.
           3.    RAMADHAR SINGH Son of Late Bali Singh Resident of Village -
                 Raghunipur, P.S.- Udwant Nagar, Dist.- Bhojpur.
           4.    RAM AYODHYA SINGH Son of Ambika Singh Resident of Village -
                 Darshan Chapra Ka Tola, P.S.- Udwant Nagar, Dist.- Bhojpur.
           5.    JAWAHAR SINGH Son of Munirka Singh Resident of Village -
                 Raghunipur, P.S.- Udwant Nagar, Dist.- Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Gopal Govind Mishra, Advocate
                 For the Respondent-State:       Ms Shashi Bala Verma, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

5   16-04-2026                 The present appeal has been filed against the

                   judgment of acquittal dated 27.11.2020, passed by the learned

                   Court of Additional District and Sessions Judge-XII, Ara at

                   Bhojpur in Sessions Trial No.113/2010 (arising out of Udwant

                   Nagar P.S. Case No.72 of 2009).

                               2.      After some arguments, realizing the futility of

                   pressing the present appeal, the learned counsel for the appellant

                   seeks not to press the present appeal.
            Patna High Court CR. APP (DB) No.150 of 2021(5) dt.16-04-2026
                                                        2/2




                                   3. Accordingly, the present appeal stands dismissed as

                      not pressed.


                                              (Mohit Kumar Shah, J)


                                                (Arun Kumar Jha, J)
kanchan/-
U      T


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