Sudhir Gupta vs State Of U.P. And Anr.
2014 Latest Caselaw 72 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 317 of 2013
 

 
Applicant :- Sudhir Gupta
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Raj Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Shashi Kant,J.

Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the lower court's record.

This application for granting the leave to appeal has been filed against the judgment and order dated 30.7.2013 passed by learned Additional Sessions Judge, (Court No. 2) Ghaziabad in S.T. No. 803/2011, whereby the accused respondents have been convicted for the offence punishable under sections  498-A and 304-B I.P.C.

Having heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and perusing the lower court's record, it reveals that co-accused Sumit Gupta @ Sonu, Praveen @ Pradeep Gupta and Gajendra Gupta have been convicted for the offences punishable under sections 304-B and 498-A, against the order of conviction, they have filed the criminal appeal no. 3773/2013. The same has been admitted.

In the present case, the accused respondents have been acquitted on the basis of taken the plea of ali-bi by her. The same has not been proved.

In the circumstances, we feel it proper that this appeal may also be heard along with connected criminal appeal no. 3773/2013, therefore, leave to appeal is granted and application for leave to appeal is allowed.

Order Date :- 24.3.2014

Monika/Leave to appeal.

On memo of appeal.

Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 317 of 2013

Applicant :- Sudhir Gupta

Opposite Party :- State Of U.P. And Anr.

Counsel for Applicant :- Raj Singh

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Hon'ble Shashi Kant,J.

Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the record.

Application for granting leave to appeal is allowed today.

Admit and connect with criminal appeal no. 3773/2013

Issue bailable warrant against the accused respondent through C.J.M. Ghaziabad returnable within a period of six weeks from today. In case, the accused respondent appears before the Court of C.J.M. Ghaziabad and furnishes bail bonds to the satisfaction of the court concerned, she shall be released on bail on undertaking that she shall appear before this court on 08.05.2014.

List on 08.05.2014.

Order Date :- 24.3.2014

Monika