State Of U.P. vs Ram Pujan Tiwari & Ors.
2014 Latest Caselaw 3785 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- U/S 378 CR.P.C. No. - 62 of 2012
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Ram Pujan Tiwari & Ors.
 
Counsel for Applicant :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant and learned A.G.A.

This application for granting the leave to appeal has been filed against the judgement and order dated 10.2.2012 passed by learned Addl. Session Judge (Ex Cader), Court No. 1, Sultanpur In S.T. No. 347 of 2005 whereby the accused respondents have been acquitted.

From the perusal of the impugned judgement  it reveals that there is cross version of the alleged incident. From the side of prosecution three persons have sustained injuries and from the side of the accused respondents two persons have sustained injuries. The injuries sustained by the accused side have not been explained, even the trial court has not recorded any finding  as to which of the party was aggressor.

In such circumstances, 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, leave to appeal is refused.

Accordingly, this application is dismissed.

Order Date :- 30.7.2014

RPD/Leave to appeal

Case :- U/S 378 CR.P.C. No. - 62 of 2012

Applicant :- State Of U.P.

Opposite Party :- Ram Pujan Tiwari & Ors.

Counsel for Applicant :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant and learned A.G.A.

Since the application for 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 :- 30.7.2014/RPD/Appeal