State Of U.P. vs Shyam Sunder & Another
2014 Latest Caselaw 4137 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 378 CR.P.C. No. - 6 of 2014
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Shyam Sunder & Another
 
Counsel for Applicant :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned  A.G.A. and perused the lower court records.

This application has been filed against the impugned judgement and order dated 8.10.2013 passed by learned Addl. Sessions Judge, Court No. 3, Lakhimpur Kheri in S.T. No. 403 of 2010 whereby the accused respondents have been acquitted.

From the perusal of the records and impugned judgement it reveals that the FIR of this case has been lodged by Vinod Kumar on 5.7.2009 at 11.45 A.M. in respect of the incident allegedly occurred on 5.6.2009 at about 3.00 P.M. alleging therein that his son Neeraj aged about 9 years was missing from his house. He disclosed the name of the accused respondent persons alleging therein  that the  victim was taken by them to Lucknow. At the stage of the trial six witnesses have been examined. The only evidence against the accused respondents is of extra judicial confession, it has been deposed by P.W. 4 Banwari Lal and P.W. 5 Shiv Kumar. It is having material contradiction also. There is no material evidence  against the accused respondents. The trial court  has considered all evidence available on the record. There is no misreading of the evidence also. The view taken by the trial court acquitting the accused respondents is a possible view. It does not require any interference by this court. Therefore, the prayer for granting the leave to appeal is refused.

Accordingly this application is dismissed.

Order Date :- 7.8.2014

RPD/ Leave to Appeal

Case :- U/S 378 CR.P.C. No. - 6 of 2014

Applicant :- State Of U.P.

Opposite Party :- Shyam Sunder & Another

Counsel for Applicant :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned  A.G.A.

Since the application for granting the leave to appeal is dismissed today, this appeal is also dismissed.

Let lower court record be sent back to the court concerned forthwith.

Order Date :- 7.8.2014

RPD/ Appeal