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Patna High Court

MANISH CHANDRA LALversusTHE STATE OF BIHAR THROUGH THE VIGILANCE INVESTIGATION BUREAU, PATNA

Decided
Disposal
CONVERTED

Holding

Permission was granted to convert the pending criminal appeals into quashing applications under Section 482 of the CrPC.

Summary

The appellants Manish Chandra Lal and Rajnish Lall filed criminal appeals (SJ No.3808 and 4498 of 2021) arising from PS case No.23, 2021, against the State of Bihar through the Vigilance Investigation Bureau. They sought the Court’s permission to convert these appeals into quashing applications under Section 482 of the Code of Criminal Procedure, 1973. The learned counsel for the appellants, Mr. Akhilesh Dutta Verma, made the request, and the learned counsel for the respondents, Mr. Arvind Kumar, was present. Justice Anil Kumar Sinha considered whether the Court could entertain such a conversion under its inherent powers. The Court granted permission, directing the appellants to file the quashing applications within two weeks of the order. No further substantive merits of the case were addressed.

Issues considered

  • Whether the High Court may permit conversion of pending criminal appeals into quashing applications under Section 482 of the Code of Criminal Procedure, 1973

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quashing Application
  • Appeal Conversion
  • Inherent Powers of Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3808 of 2021
                       Arising Out of PS. Case No.-23 Year-2021 Thana- VIGILANCE District- Patna
                  ======================================================
                  MANISH CHANDRA LAL SON OF LATE SHYAM LALL RESIDENT OF
                  FLAT NO. 203, ASHA APARTMENT, R.M.S. COLONY, KANKARBAGH,
                  P.S- KANKARBAGH TOWN AND DISTRICT- PATNA.

                                                            ... ... Appellant/s
                                           Versus
                  THE STATE OF BIHAR THROUGH THE VIGILANCE INVESTIGATION
                  BUREAU, PATNA BIHAR

                                                            ... ... Respondent/s
                  ======================================================
                                                         with
                                 CRIMINAL APPEAL (SJ) No. 4498 of 2021
                       Arising Out of PS. Case No.-23 Year-2021 Thana- VIGILANCE District- Patna
                  ======================================================
                  RAJNISH LALL Son of Shyam Lall Resident of Village - Flat No.106B,
                  suman Palace Apartment, R.M.S. Colony, Kankarbagh, P.s.- Kankarbagh,
                  Town and Dist.- Patna.

                                                                                   ... ... Appellant/s
                                                      Versus
                  The State of Bihar through the Vigilance Investigation Bureau, Patna. Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  (In CRIMINAL APPEAL (SJ) No. 3808 of 2021)
                  For the Appellant/s  :     Mr.Akhilesh Dutta Verma
                  For the Respondent/s :     Mr.Arvind Kumar
                  (In CRIMINAL APPEAL (SJ) No. 4498 of 2021)
                  For the Appellant/s  :     Mr.Akhilesh Dutta Verma
                  For the Respondent/s :     Mr.Arvind Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

51   31-03-2026        1. Learned Counsel for the appellants seeks permission to

                            convert these appeals in quashing applications under

                            Section 482 of the Code of Criminal Procedure, 1973.

                       2. Permission is granted.

                       3.   Let learned Counsel for the appellants do so within a
            Patna High Court CR. APP (SJ) No.3808 of 2021(51) dt.31-03-2026
                                                         2/2




                              period of two weeks from today.


                                                                         (Anil Kumar Sinha, J.)
Prabhakar Anand/-

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