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Patna High Court - Orders

Devi Sharan Singh vs State Of Bihar & Anr on 23 February, 2012

Author: Ahsanuddin Amanullah

Bench: Ahsanuddin Amanullah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Revision No.321 of 2010
                 ======================================================
                 Devi Sharan Singh
                                                                       .... .... Petitioner/s
                                                  Versus
                 State Of Bihar & Anr
                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr.
                                             Mr.
                 For the Opposite party/s   : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
                 AMANULLAH
                 ORAL ORDER


2   23-02-2012

Learned counsel for the petitioner and learned A.P.P. for the State are present.

In view of the proviso added to section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as a 'Code'), learned counsel for the petitioner prays for and is granted three weeks time for converting the present revision application into criminal appeal under section 372 of the Code.

As has been held in the Division Bench decision of this Court rendered in the case of Raghunath Yadav vs. The State of Bihar & Ors. reported in 2010 (4) PLJR 351, the period of limitation for filing criminal appeal under section 372 of the Code being 90 days and this revision application being filed on 5.3.2010 against the judgment and order dated 30.1.2010, i.e., well within 90 days, if the same is converted into criminal appeal under Patna High Court CR. REV. No.321 of 2010 (2) dt.23-02-2012 2/2 section 372 of the Code within three weeks from today, it shall be deemed to have been filed within time.

(Ahsanuddin Amanullah, J) RPS/-