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Patna High Court

Ghanshyam Prasad SinghversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The court permitted the conversion of the criminal appeal into a criminal miscellaneous proceeding.

Summary

The appellant, Ghanshyam Prasad Singh, filed a criminal appeal (SJ No.4415 of 2025) challenging the judgment of the Mahila Police Station, Kaimur. The court identified procedural defects in the appeal as pointed out by the office. Counsel for the appellant submitted that these defects would be remedied during the hearing and requested that the criminal appeal be converted into a criminal miscellaneous proceeding. The State, represented by a Special Public Prosecutor, opposed the conversion. Justice Satyavrat Verma considered the procedural aspects and granted permission for the conversion, allowing the appeal to proceed as a criminal miscellaneous matter. No substantive merits of the underlying criminal case were addressed in the order.

Issues considered

  • Whether a criminal appeal with procedural defects can be converted into a criminal miscellaneous proceeding after the defects are remedied

Subjects

  • Criminal Appeal
  • Procedural Defect
  • Conversion to Criminal Miscellaneous
  • High Court
  • Criminal Procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.4415 of 2025
                    Arising Out of PS. Case No.-9 Year-2025 Thana- MAHILA P.S. District- Kaimur (Bhabua)
                   ======================================================
                   Ghanshyam Prasad Singh S/O Rajendra Singh Resident of Village-
                   Radhakahd, P.S.- Bhagwanpur, District- Kaimur (Bhabua)

                                                                                      ... ... Appellant/s
                                                          Versus
              1.   The State of Bihar
              2.   Ms. X D/O Dadan Ram Resident of Village- Radhakhand, P.S.-
                   Bhagwanpur, District- Kaimur (Bhabua)

                                                             ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Appellant/s      :        Mr.Rajeev Kumar Singh, Adv
                   For the Respondent/s     :        Ms.Usha Kumari 1, Spl. PP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

3    23-03-2026                1.    Heard learned counsel for the appellant and learned

                     Spl. P.P. for the State, Ms. Usha Kumari No. 1.

                               2.    Learned counsel for the appellant submits that the

                     defect/s as pointed out by the office shall be removed during

                     course of the day and Cr. Appeal shall be converted into Cr.

                     Miscellaneous.

                               3.    Permission is accorded.



                                                (Satyavrat Verma, J)
Sumit/-

U         T


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