Munesh vs State Of U.P. And 2 Others
2023 Latest Caselaw 5607 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 5000 of 2023
 

 
Petitioner :- Munesh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajesh Kumar Srivastava,Gaurav Srivastav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri Gaurav Srivastav, learned counsel for petitioner submits that arm license of petitioner was revoked on ground that he was involved in Case Crime No. 257 of 2011 under Sections 147, 148, 149, 352, 323, 336, 504 and 506 I.P.C., P.S.- Dauki, District- Agra.

Learned counsel submits that during pendency of appeal, petitioner was granted acquittal and a copy of acquittal order was placed before Appellate Authority, however, except reference of it, the Appellate Authority has not considered effect of outcome of acquittal and as such an irregularity has been committed in rejection of appeal.

Learned Standing Counsel for State submits that Appellate Authority was under obligation to consider the outcome of acquittal in the light of judgment passed by this Court in Indrajeet Singh vs. State of U.P. and another, 2021 (10) ADJ 471.

In view of above submissions and since Appellate Authority has not considered the outcome of order of acquittal, impugned order dated 08.12.2022 passed by Appellate Authority in Case No. 507/2011-12 (Munesh Kumar vs. State) is set aside and matter is remanded back with a direction that Authority shall take note of order of acquittal as well as judgment of this Court in Indrajeet Singh (supra) and shall pass a fresh order expeditiously in accordance with law.

Petition stands disposed of.

Order Date :- 20.2.2023

Nirmal Sinha