IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.425 of 2010 UPENDRA GOSWAMI & ORS Versus STATE OF BIHAR ----------- 2. 20.05.2010 This is an appeal against the judgment of conviction and sentence dated 29th April 2010 of the 1st Assistant Sessions judge, Banka under S.T.No. 222 of 1999 whereby the appellants have been sentenced under Sections 341, 323 and 354 IPC and respectively sentenced to undergo S.I. for 1 month 1 year and 1 year. Due to this appeal being against the judgment of Assistant Sessions Judge and the sentence being below 7 years of imprisonment, this appeal, in view of provisions of Section 374 (2) Cr.P.C., is required to be filed before the concerned Sessions Judge who has the jurisdiction to hear this appeal. It appears that the Stamp Reporter did not take into consideration the provisions of Section 374(2) Cr.P.C. and, therefore, he referred the matter for listing before this Bench for hearing. Learned counsel for the appellant also concedes that this appeal being an appeal against the judgment passed by the Assistant Sessions Judge, requires to be filed before the concerned Sessions judge and that mistakably it has been filed before this Court. Under the circumstances, this appeal is dismissed as not maintainable. Appellants, if so advised, may file the appeal before the competent court and, if it is so filed, the court below, while considering the period of limitation in filing of the appeal, will take into consideration the period during which the appeal remained filed before this Court. Jay/ ( C. M. Prasad, J )