Uttarakhand High Court
SPLA/36/2022 on 22 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.
SPECIAL LEAVE TO APPEAL NO. 36 OF 2022
WITH
GOVERNMENT APPEAL NO. 13 OF 2022
22ND MARCH, 2022
BETWEEN:
State of Uttarakhand .....Appellant.
And
Ravi Yadav ....Respondent.
Counsel for the Appellant : Mr. J.S. Virk, learned Deputy
Advocate General with Mr. R.K.
Joshi, learned Brief Holder for the
State.
Counsel for the Respondent : 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. 36 of 2022:-
This is an application for grant of leave to appeal
against the order of acquittal rendered by the Court of
learned Additional Sessions Judge/F.T.S.C., Rudrapur, District
Udham Singh Nagar in Session Trial No. 154 of 2018, dated
23.11.2021.
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. 36 of 2022 is dismissed.
Government Appeal No. 13 OF 2022
6. Since Special Leave to Appeal has not been
granted, the Government Appeal No. 13 of 2022 is not
maintainable against the judgment and order of acquittal
dated 23.11.2021.
(S.K. MISHRA, A.C.J.)
(R.C. KHULBE, J.)
Dated: 22nd March, 2022
NISHANT
