State Of U.P. vs Harish Chandra Mishra
2023 Latest Caselaw 5448 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- GOVERNMENT APPEAL No. - 2003 of 1998
 

 
Appellant :- State of U.P.
 
Respondent :- Harish Chandra Mishra
 
Counsel for Appellant :- Arun Kumar Mishra,AGA
 

 
Hon'ble Dinesh Kumar Singh,J.

1. List revised.

2. Heard learned A.G.A. for the appellant-State. No one has put in appearance on behalf of the accused-respondent.

3. The present Government Appeal under Section 378 (3) Cr.P.C. has been filed against the judgment and order dated 23.3.1998 passed by the Special Judge (Anti Corruption) Act, Varanasi in Special Case No. 3 of 1997, whereby the learned trial court has acquitted the accused-respondent for the offence under Sections 5(2) of Prevention of corruption Act.

4. The alleged offence took place in the year 1977. The allegation of accepting Rs. 78,000/- as bribe amount by the accused-respondent who was posted as Senior Clerk in Regional Office of the U.P. Board of High School and Intermediate Education, Allahabad.

5. Learned trial court in its impugned judgment and order did not find that the evidence led by the prosecution as cogent and credible and, therefore, the trial court was of the opinion that the prosecution had failed to prove the guilt of the accused respondent beyond reasonable doubt.

6. I have gone through the impugned order. The view taken by the trial court is plausible view. The judgment and order passed by the trial court is neither perverse nor against the evidence and law. In view thereof, this Court does not find that it is a fit case where the leave to appeal filed be granted. Thus, the application for leave to appeal is dismissed.

7. Resultantly, the appeal is also dismissed.

Order Date :- 17.2.2023

Kumar Manish.