LALLAN PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant. This appeal is against the judgment of acquittal dated 02.08.2014 passed by the Additional Sessions Judge-1st, Kaimur at Bhabhua relating to S.C./S.T. Case No.486 of 2010/ 51 of 2010 arising out of Complaint Case No.82(C) of 2012.

(2.) At an earlier occasion while going through the record, it has been found that though vide order dated 07.05.2015, instant appeal was admitted, but the same was contrary to the spirit of Section 378 (4) of the Cr.P.C. as no leave petition was there and that being so, vide order dated 10.10.2017 as well as order dated 13.10.2017, appellant was directed to file petition for grant of leave and the same has been filed. The Rules of the High Court at Patna, Chapter-XII, Rule-50, 51 also require exercise of aforesaid eventuality. Because of the fact that neither leave was prayed for nor leave was granted on account thereof, apart from having admission, instant memo of appeal suffers from inherent defect. The subsequent step having taken by the appellant/ complainant under the guise of order dated 10.10.2017 and 13.10.2017, would amount to revival of the appeal pre-admission stage, as ordered taking into account the principle decided by the Apex Court, allowing application of inherent power.

(3.) Thus, the matter has been gone through.