Patna High Court
SURESH YADAV @ SURESH KUMARversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is defective and must be converted into a criminal miscellaneous application, failing which it will be dismissed.
Summary
Suresh Yadav appealed a criminal conviction arising from PS case No.31 of 2025 in Gaya. The appellate court observed that the appeal was improperly framed, as the matter falls under the Protection of Children from Sexual Offences (POCSO) Act and should have been filed as a criminal miscellaneous application. The appellant's counsel requested a ten‑day extension to rectify the defect. The court directed that the defect must be remedied by 9 February 2026, otherwise the appeal will be rejected. No merits of the case were considered, and the order is purely procedural.
Issues considered
- Whether the appeal filed under the Criminal Appeal Rules is defective and should be converted into a criminal miscellaneous application under the POCSO Act
Legislation cited
Subjects
- criminal appeal
- procedural defect
- POCSO Act
- criminal miscellaneous application
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3897 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- SUHAIL District- Gaya
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SURESH YADAV @ SURESH KUMAR S/o- Punath Yadav @ Punai Yadav
R/v- Purnadih Ps- Suhail Dist- Gaya Ji
... ... Appellant/s
Versus
1. The State of Bihar
2. Arti Kumari D/o- Sharad Bharti R/v- Nimiya Redha Ps- Suhail Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nafisuzzoha, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-01-2026 1. Heard learned counsel for the appellant and the
learned Special PP for the State.
2. The learned counsel for the appellant submits that the
office has pointed out a defect that instead of criminal appeal, a
criminal miscellaneous application is to be filed, as the case is also
under the POCSO Act, on which the learned counsel appearing on
behalf of the appellant seeks ten days’ time to convert the instant
criminal appeal into a criminal miscellaneous application.
3. It is made clear that if the defect, as pointed out by
the office, is not removed on or before 09.02.2026, in that event
the present appeal shall stand rejected without further reference to
the Bench against all the respondents.
(Satyavrat Verma, J)
Rishabh/-
U T
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