Citation : 2024 Latest Caselaw 37206 ALL
Judgement Date : 12 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:74384-DB Court No. - 9 Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 151 of 2024 Appellant :- Informant Of Case Cr. No. 465/2022 , P.S. Kotwali City Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Appellant :- Prashant Srivastava,Arunendra Nath Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Mohd. Faiz Alam Khan,J.
1. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.
2. The instant appeal has been preferred against the impugned judgment and order of acquittal dated 20.08.2024 passed by learned Special Judge, POCSO Act, Hardoi, in Special Session Trial No. 1202 of 2022, arising out of Case Crime No. 465 of 2022, under Sections 376 A.B., 506 I.P.C. & Section 5L/6 POCSO Act, Police Station Kotwali City, District Hardoi, whereby acquitted the respondent no.2/accused from the aforesaid penal offences.
3. We pointed out to the counsel appearing on behalf of the appellant that the appellant in this case is the informant of the F.I.R. and he is the uncle (brother of the father of the victim) even if the victim is a minor her parents are alive.
4. At this juncture, learned counsel for the appellant prays that the appeal be dismissed as withdrawn with liberty to the appellant to file a fresh appeal with proper parties.
5. Accordingly, this appeal is dismissed as withdrawn with the liberty aforesaid.
6. The Registry is directed to give a certified copy of the impugned judgment to the counsel for the appellant after retaining a photostat copy of the same on record.
Order Date :- 12.11.2024
Praveen
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