IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.630 of 2011 Md. Zafir Versus The State Of Bihar ----------- 4 15.09.2011 Petitioner who happens to be arrayed as an accused at the lowest ladder ultimately faced with conviction vide judgment dated 4th December, 1999 passed by Sri Sheo Shankar Giri, Judicial Magistrate, Ist Class, Patna City in T.R. No.149 of 1999 which lead preference of Criminal Appeal No.313 of 1999 and the same was dismissed vide judgment dated 20th April, 2011with modification from the court of First Additional Sessions Judge, Patna City invoked the writ jurisdiction. It has been contended on behalf of the petitioner that true it is the petitioner / appellant did not co-operate with the court in getting the appeal disposed of at an earliest and the judgment impugned itself discloses the fact that in spite of granting of an adjournment on this score, the learned counsel for the appellant did not turn up for argument and ultimately met with the result which happens to be under challenge. Also submitted that even in that circumstance, it was incumbent upon the learned Appellate Court at least to appoint amicus curiae to assist the court and getting the relevant materials properly placed and assisted. However, non-adoption of aforesaid procedure happens to be in violation of Section 385 of the Cr.P.C. Also referred catena of decisions on this score to justify his submission. At the other hand learned Government Advocate opposed the prayer and submitted that the present petition under criminal writ is not maintainable because of the fact that now and then the revisional jurisdiction is to come into play and for that petitioner should have taken a proper 2 recourse as provided under the Criminal Procedure Code. Because of the fact that by not adhering hearing to the learned counsel for the appellant / even by appointing amicus curiae certainly a wrong procedure has been adopted by the learned lower court contrary to law as laid down under Section 385 of the Cr.P.C. which, in the aforesaid facts and circumstances attracts attention of this Court which can be taken into consideration even under the writ jurisdiction. As such, the judgment of the Appellate Court dated 20th April, 201 passed in Cr. Appeal No.313 of 1999 is set aside and the matter is remitted back to the learned Appellate Court to hear the appellant afresh, which in presence of learned counsel for the petitioner has been fixed on 12th October, 2011 and if there happens to be absence of appellant / his learned counsel, then in that circumstance an amicus curiae will be appointed to assist the court without giving any further adjournment on any score because of the fact that this appeal is lingering since 1999 and will disposed of the appeal in the month of October, 2011 itself. Let this order be communicated to the court concerned through fax. PN (Aditya Kumar Trivedi,J.)