Smt. Maya Devi & Another vs State Of U.P. & 4 Others
2016 Latest Caselaw 2881 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 12 of 2016
 

 
Applicant :- Smt. Maya Devi & Another
 
Opposite Party :- State Of U.P. & 4 Others
 
Counsel for Applicant :- Virendra Singh,Deo Anand
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Kaushal Jayendra Thaker,J.

This appeal arises out of the judgment of learned Additional District & Sessions Judge, Court No. VI, Moradabad dated 29.3.2016  acquitting the accused-respondent nos. 2 to 5 in Sessions Trial No. 437 of 2005 (State of UP versus Atar Singh and others) & in S.T No.1127 of 2005 (State of U.P versus Sanjeev Kumar)  arising out of case crime no.1019 of 2004, under Sections 147, 148, 149, 302 IPC  Police Station- Bilari  District-Moradabad.

We have heard Sri Deo Anand, learned counsel for the appellant-complainants and learned A.G.A. appearing for the State-respondent no. 1 and perused the trial court's judgement and record.

Upon perusal of judgment and evidence, we are of the view that the order of acquittal recorded by the trial court requires reconsideration.  Therefore, leave to appeal is granted.

The application is allowed.

The Criminal Appeal is admitted.

Summon the lower court record.

Issue bailable warrants to the accused-Opposite Parties No. 2 to 5 through CJM, Moradabad returnable within four weeks from today. In case the accused-Opposite Parties No. 2  to 5 are arrested or appear before the court of CJM, Moradabad, they may be released on bail upon furnishing personal bond of Rs.20,000/- and two sureties each in the like amount to the satisfaction of the Magistrate concerned and further on the undertaking that they shall appear before this Court on 12.7.2016.

List on 12.7.2016.

On that date, the accused-respondent nos. 2 to 5 shall appear before this Court.

Order Date :- 20.5.2016/IB