SPLA/131/2022
2023 Latest Caselaw 2211 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
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             Registrar's order
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                                 SPLA No.131 of 20222
                                 with
                                 G.A. No.66 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, Deputy Advocate General for the State of Uttarakhand/appellant.

Mr. Lokendra Dobhal, Advocate for the respondent.

2. State has filed application seeking leave to appeal under Section 378 (3) Cr.P.C. By the impugned judgment, learned trial Court has acquitted the respondent mainly on the ground that alleged incident was not captured in the C.C.T.V. footage of State Bank of India, which was nearby.

3. Learned State Counsel has referred to the statements of P.W.-2 and P.W.-3, who were eyewitnesses to the incident. Both the witnesses have categorically stated that a scuffle ensued between the complainant and the respondent, due to which both of them fell down from a height of about 15 feet. Thus, learned State Counsel contends that the view taken by learned trial Court that no such incident ever occurred, cannot be sustained. Various other issues have been raised by learned State Counsel.

4. The matter requires detailed hearing. Accordingly, the leave to appeal application is allowed. Leave to file appeal is granted to the appellant.

5. Admit the Appeal.

6. Summon the Lower Court's Record.

7. List for hearing on 20.11.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 11.08.2023 Arpan