Ashish Lodh And Another vs State Of U.P. Thr.Its Sec. Home ...
2022 Latest Caselaw 21030 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL APPEAL No. - 7034 of 2022
 

 
Appellant :- Ashish Lodh And Another
 
Respondent :- State Of U.P. Thr.Its Sec. Home U.P. And 3 Others
 
Counsel for Appellant :- Shailesh Singh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised. No on appears on behalf of the appellants to press this appeal.

Sri B.B. Upadhyay, learned counsel for the State is present.

On 02.11.2022 the matter was adjourned and the following order was passed:-

"List revised. No one appears on behalf of the appellants to press this appeal.

Sri Ankit Srivastava, learned counsel for the State is present.

A request of the Bar Association dated 31.10.2022 has been circulated requesting for not to pass any adverse order due to the prevailing dengue in the city.

Looking to the same and in the interest of justice, the matter is adjourned.

Let the matter be listed on 23.11.2022 as fresh."

Subsequently, on 23.11.2022 there was no representation on behalf of the appellants and as a last opportunity the matter was adjourned and the following order was passed:-

"List revised. No one appears on behalf of the appellants to press this appeal.

Sri Ankit Srivastava, learned counsel for the State is present.

A request of the Bar Association dated 31.10.2022 has been circulated requesting for not to pass any adverse order due to the prevailing dengue in the city.

Looking to the same and in the interest of justice, the matter is adjourned.

Let the matter be listed on 23.11.2022 as fresh."

Today again there is no representation on behalf of the appellants to press this appeal. The appeal has been filed with the following prayers:-

"It is, therefore, Most Respectfully prayed that this Hon'ble Court may be graciously pleased to set aside the impugned order dated 13.02.2020 passed by learned Special Judge (S.C./S.T. Act), Fatehpur in F.R. No. 01 of 2019 (State Vs. Ranjeet Singh and others) arising out of Case Crime No. 277 of 2017 under Section 376-D, 504 IPC, Section 3(2)(v) S.C./S.T. Act and Section 3/4 POCSO Act, Police Station Khaga, District Fatehpur.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the impugned order dated 13.02.2020 passed by learned Special Judge (S.C./S.T. Act), Fatehpur in F.R. No. 01 of 2019 (State Vs. Ranjeet Singh and others) arising out of Case Crime No. 277 of 2017 under Section 376-D, 504 IPC, Section 3(2)(v) S.C./S.T. Act and Section 3/4 POCSO Act, Police Station Khaga, District Fatehpur, during pendency of the appeal, before this Hon'ble Court otherwise appellant shall suffer irreparable loss and injury.

And/or to pass such and further order which this Hon'ble Court may deem fit and proper, so that justice may be done."

The impugned judgment and order dated 13.02.2020 has been perused which shows that the protest petition was allowed, final report no. 1 of 2017 was rejected and the accused persons were summoned to face trial under Sections 376-D, 504 IPC, Section 3(2)(v) S.C./S.T. Act and Section 3/4 POCSO Act, 2012.

Since there is no representation even today and there was a stop order on 23.11.2022, the appeal is dismissed for want of prosecution.

Order Date :- 14.12.2022

M. ARIF/e-file

(Samit Gopal, J.)