Budhna @ Sarvar Jahan vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 12874 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 13 of 2022
 

 
Appellant :- Budhna @ Sarvar Jahan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another
 
Counsel for Appellant :- Shailendra Pathak,Sheo Mani Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

Heard Mr. Shailendra Pathak, learned counsel for the appellant and Mr. Umesh Chandra Verma, learned A.G.A. for the State and perused the record.

Learned counsel for the appellant wishes to withdraw this criminal appeal, as the appellant has mentioned the name of the victim and the said fact is not permissible in view of the judgment of the Apex Court in Bhupinder Sharma Vs. State of Himachal Pradesh : (2003) 8 SCC 551 and Nipun Saxena and anothers. Vs. Union of India and others :2018 SCC Online 2772.

The prayer made by the appellant is allowed.

Accordingly the criminal appeal is dismissed as withdrawn with liberty to the appellant to file a fresh appeal.

Office is directed return the original documents annexed with the criminal appeal after retaining photo copies of the same.

(Mrs. Saroj Yadav, J.) (Ramesh Sinha,J.)

Order Date :- 13.9.2022

A.K. Singh