GA/9/2022
2022 Latest Caselaw 505 UK

        IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SHRI RAMESH CHANDRA KHULBE


               SPECIAL LEAVE TO APPEAL NO. 29 OF 2022
                                      WITH
                GOVERNMENT APPEAL NO. 09 OF 2022


                              3rd MARCH, 2022

 Between:

 State of Uttarakhand                                  ......     Appellant

 And

 Murshleen alias Diljala                               ...... Respondent


Counsel for the appellant             :   Mr. J.S. Virk, learned Deputy
                                          Advocate       General with Mr.
                                          Rakesh Kumar Joshi, learned Brief
                                          Holder for the State

Counsel for the respondent            :    --



 Upon hearing the learned Counsel, the Court made the
 following


 JUDGMENT:      (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)




              Heard         learned       Deputy    Advocate        General

 appearing on behalf of the State / appellant.


 2)           This is an application (SPLA No. 29 of 2022) for

 Special Leave to file Appeal against acquittal.


 3)           The Registry has informed, on an enquiry, that

 in Criminal Appeal No. 56 of 2008, Rakesh & two others Vs
                              2




State of Uttarakhand, and Criminal Appeal No. 59 of 2008,

Ravivas Vs State of Uttarakhand, a Division Bench of this

Court vide its judgment and order dated 26.03.2010, had

already acquitted three other accused / appellants holding

that the prosecution has not been able to establish the

circumstances in this case, and the chain of circumstance

is not complete. It is further held in those appeals that the

trial court has committed manifest error in convicting the

accused / appellants.


4)           In that view of the matter, we find no merit in

the application as there is no compelling and substantial

grounds, prima facie, to grant leave to appeal against the

acquittal.    Accordingly, the Special Leave to Appeal is,

hereby, dismissed.


5)           Also, heard on Government Appeal.


6)           Since the Special Leave to file appeal is not

granted, the Government Appeal is also dismissed as not

maintainable.


                          ____________________________
                          SANJAYA KUMAR MISHRA, A.C.J.


                            ______________________
                            RAMESH CHANDRA KHULBE, J.

Dated: 3rd MARCH, 2022 Negi