State Of U.P. vs C/P.2743 Dharam Singh And ...
2022 Latest Caselaw 8481 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- GOVERNMENT APPEAL No. - 2183 of 2004
 

 
Appellant :- State of U.P.
 
Respondent :- C/P.2743 Dharam Singh And Another.
 
Counsel for Appellant :- U.C.Verma
 
Counsel for Respondent :- Anil Kumar Tripathi,Lalit Kishore Pandey
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Anurag Varma, learned AGA for the appellant and Sri Anil K. Tripathi, learned counsel for the respondents.

2. The present appeal under Section 378(1) Cr.P.C. has been filed against the judgment and order dated 12.8.2004 passed by the Ist Additional Chief Judicial Magistrate, Lucknow in Criminal Case No.176 of 2000, Crime No.368 of 1998 acquitting the respondents for charges under Sections 223 and 224 IPC, Police Station Chowk, District Lucknow.

3. Allegation against the respondents is that while they were posted as Constables, one of the under trial, Rehman, S/o Hasrat, resident of Mohd. Bakshipura, Police Station Kotwali, District Bahraich, who was an accused in Case Crime Non.398 of 1998, under Sections 379 and 411 IPC, fled away from their custody. The accused escaped from the window of the wash room on the pretext of answering natural call. For this offence, the prosecution was lodged against the respondents.

4. From perusal of the record, it appears that there is no evidence on record to suggest that respondents were in complicity with the accused, Rehman. Later on, respondents themselves caught hold of the accused, Rehman and brought him to the police Station.

5. Considering the aforesaid facts, this Court finds that there is no error of law, which has been committed by the learned trial court acquitting the respondents for the offence under Sections 223 and 224 IPC.

6. Thus, appeal is devoid of merit, which is hereby dismissed.

Order Date :- 28.7.2022/Rao/-