Farhan Akhtar And Another vs State Of U.P. Thru. Secy. Home U.P. ...
2023 Latest Caselaw 15075 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:32923
 
Court No. - 16
 

 
Case :- CRIMINAL APPEAL No. - 1522 of 2023
 

 
Appellant :- Farhan Akhtar And Another
 
Respondent :- State Of U.P. Thru. Secy. Home U.P. Lko. And Another
 
Counsel for Appellant :- Laxmi Kant Pathak
 
Counsel for Respondent :- G.A.,Shiv P. Shukla
 

 
Hon'ble Subhash Vidyarthi,J.

Heard Sri Laxmi Kant Pathak, learned counsel for the appellants, learned A.G.A. for the State and Sri Shiv P. Shukla, learned counsel appearing on behalf of Central Bureau of Investigation.

The instant criminal appeal has been filed under Section 374 (2) of Criminal Procedure Code, challenging the judgment and order dated 04.04.2023, passed by learned Special Judicial Magistrate, C.B.I. Lucknow in Criminal Case No.6 of 2023 in RC No.4 (5) of 2011, Police Station CBI/SC-III, New Delhi, whereby the appellants have been convicted.

Sri Shiv P. Shukla, learned counsel appearing on behalf of the C.B.I. has raised a preliminary objection that as the order under challenge was passed by a Magistrate, the appeal would lie before the learned Sessions Judge under Section 374 (3) (c) of Code of Criminal Procedure.

The appeal is accordingly dismissed leaving it open to the appellants to file a fresh appeal before appropriate forum.

The certified copy of the order under challenge shall be returned to learned counsel for the appellants, after retaining a photocopy of the same on record.

.

(Subhash Vidyarthi, J.)

Order Date :- 12.5.2023

Ram.