Ashok Tiwari vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 9733 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL APPEAL No. - 20 of 2022
 

 
Appellant :- Ashok Tiwari
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 4 Others
 
Counsel for Appellant :- Vivek Kumar Rai,Ajai Kumar,Gitesh Shukla
 
Counsel for Respondent :- G.A.
 
AND
 
Case :- CRIMINAL APPEAL No. - 2015 of 2021
 
Appellant :- Gayatri Prajapati
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Ors.
 
Counsel for Appellant :- Purnendu Chakravarty
 
Counsel for Respondent :- G.A.
 

 
AND
 
Case :- CRIMINAL APPEAL No. - 2029 of 2021
 
Appellant :- Ashish Kumar Shukla
 
Respondent :- State Of U.P. Thru. Prin.Secy. Home
 
Counsel for Appellant :- Anil Singh,Vinay Kumar Dubey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Mrs. Saroj Yadav,J.

The aforesaid three criminal appeals arise out of a common judgment rendered in Sessions Trial No. 460 of 2017, whereby the appellants have been convicted and sentenced to life imprisonment.

The complainant and the victim are correctly impleaded as respondent nos. 2 and 3 in Criminal Appeal No. 20 of 2022.

We permit the appellants to correct the particulars of the complainant and the victim in the like manner as have been described in the Criminal Appeal No. 20 of 2022 within three days.

The appeals have already been admitted, however, notice to the complainant and the victim do not appear to be served satisfactorily.

The Chief Judicial Magistrate, Lucknow is hereby directed to get the notices of the present appeals to the complainant as well as the victim i.e. respondent nos. 2 and 3 served at the earliest and submit a report thereof before this Court by the next date of listing.

It is informed that the complainant i.e. respondent no. 2 is presently lodged in Jail at District Jail, Lucknow in some other offences, therefore, a clear report as regards service of notice be submitted to this Court through the Jail authorities.

In so far as the victim is concerned, definite steps be taken to ensure the service of notice to the victim i.e. respondent no. 3 and a report of the same be also submitted to this Court before the next date of listing.

Objections to the bail applications have already been filed by the State-respondent in all the appeals. Reply, if any, may be filed by the appellants in the meantime.

Let the matter be listed on 25th April, 2023 along with the service report.

(Mrs. Saroj Yadav, J.) (A.R. Masoodi, J.)

Order Date :- 4.4.2023

Arun