Sarvesh Kumar vs State Of U.P. And Another
2017 Latest Caselaw 515 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 138 of 2017
 
Applicant :- Sarvesh Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Aravind Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Abhai Kumar,J.

This application has been filed by the  appellant-applicant with the prayer that leave to appeal may be granted against the judgement and order dated 30.3.2017, passed in Sessions Trial No.96 of 2002 (State Vs.  Durga Prasad and others),  arising out of Case Crime No.33 of 2002, under Sections 302, 307 & 504 IPC, P.S. Chhibramau, District Kannaun by the learned Additional Sessions Judge, Court No.1, Kannaun whereby the accused respondent No.2 has been acquitted for the offence punishable under the sections referred to above.

We have heard learned counsel for the appellant-complainant and learned A.G.A. appearing for the State-respondent no. 1 and perused the trial court's judgment 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.

The application is allowed.

The Criminal Appeal is admitted.

Summon the lower court record.

Issue bailable warrants to the accused-respondent no.2 through CJM concerned returnable within four weeks from today. In case the accused-respondent no. 2 is arrested or appear before the court of CJM concerned, he 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 he shall appear before this Court on 4.7.2017.

List on 4.7.2017.

On that date, the accused-respondent no. 2 shall appear before this Court.

Order Date :- 11.5.2017

Ajeet