Uttarakhand High Court
GA/5/2022 on 3 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
AND
SRI JUSTICE R.C. KHULBE, J.
03RD MARCH, 2022
SPECIAL LEAVE TO APPEAL No. 25 OF 2022
WITH
GOVERNMENT APPEAL No. 05 OF 2022
Between:
State of Uttarakhand.
...Appellant
and
Karm Singh.
...Respondent
Counsel for the appellant. : Mr. J.S. Virk, the learned Deputy
Advocate General assisted by Mr.
Rakesh Joshi, the learned Brief Holder
for the State of Uttarakhand.
Counsel for the respondents. : None.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT : (per Sri S.K. Mishra, A.C.J.)
Special Leave to Appeal No. 25 of 2022 :-
This is an application for grant of leave to
appeal against the order of acquittal rendered by the
Court of learned District and Sessions Judge, Haridwar in
Session Trial No. 18 of 2015 dated 25.10.2021.
2. Heard Mr. J.S. Virk, the learned Deputy
Advocate General, perused the impugned judgment, and
considered the grounds taken by the State of
Uttarakhand in the Appeal memo.
3. We do not find any incriminating
circumstances in the present case. We also do not find
any compelling and substantial reasons, prima facie, to
grant Special Leave to Appeal. In this case we take note
of the judgment rendered by the Hon'ble High Court of
Orissa in CRLLP No. 103 of 2015, State of Orissa v.
Urmila Nayak, in which one of us (S.K. Mishra, A.C.J.)
has rendered the judgment, wherein it has been laid
down as follows :-
No doubt the judgment rendered by the
Hon'ble Supreme Court in Ghurey Lal Vs. State of
U.P.; (2008) 10 SCC 450 case relates to final
judgment of the appeal against acquittal, but we are of
the opinion that those Considerations also should weigh
in the mind of the Court while granting the leave to file
appeal against acquittal. However, while considering the
desirability or otherwise of granting leave to appeal
against acquittal, the appellate Court, at the first
instance, is required to, prima facie, be satisfied about
the existence of conditions that are required for
overturning a judgment of acquittal to one of conviction
While deciding a matter regarding grant of leave to
appeal against acquittal, the Court must be satisfied,
prima facie, that at the final hearing of the appeal 'very
substantial and compelling reasons' can be shown, on
the basis of which it will be most reasonable to overturn
a judgment of acquittal. Only then the appellate court
should grant the leave to appeal against acquittal.
4. Keeping in view the aforesaid considerations,
we are of the considered opinion that there is no prima
facie, 'substantial and compelling reasons', to come to
the conclusion that the matter should be heard, the
impugned judgment should be re-examined or examined
by the Appellate Court in appeal against acquittal.
5. In that view of the matter, we are of the
opinion that there is no merit in the application for
Special Leave to Appeal against acquittal. Hence, the
leave is not granted and the Special Leave to Appeal No.
25 of 2022 is dismissed.
Government Appeal No. 05 OF 2022
6. Since Special Leave to Appeal has not been
granted, the Government Appeal No. 05 of 2022 is not
maintainable against the judgment and order of acquittal
dated 25.10.2021.
________________
S.K. MISHRA, A.C.J.
____________
R.C. KHULBE, J.
Dt: 03rd March, 2022
Rahul
