Allahabad High Court
State Of U.P. vs Ramu And Others on 27 July, 2022
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- GOVERNMENT APPEAL DEFECTIVE No. - 575 of 2009 Appellant :- State of U.P. Respondent :- Ramu And Others Counsel for Appellant :- GA Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
This appeal has been connected with Government Appeal No. 8507 of 2009.
From perusal of record, we find that the present appeal was filed on 16.11.2009 and a defect that certified copy of the impugned judgment is wanting, was reported. This defect was never removed. However, the connected appeal being Government Appeal No. 8507 of 2009 (State Vs. Ramu and others) against the same judgment dated 17.8.2009 was filed annexing therewith certified copy of the order rendering in S.T. No. 1244 of 2006 (State of U.P. Vs. Ramu and others) and S.T. No. 495 of 2007 (State of U.P. Vs. Sandeep).
There appears to be a duplication of appeal, as appeal was filed in the year 2009, but challenging the same judgment, another competent appeal with certified copy has been filed. In such view of the matter, since this appeal is defective, therefore, the present appeal stands dismissed, as the defect has not been removed till date.
Accordingly, the present appeal stands dismissed for want of removal of defect. However, it is directed that the record of the present appeal shall remain connected with the main appeal being Government Appeal no. 8507 of 2009.
It is made clear that dismissal of this appeal on technical ground shall not affect the merit of the Government Appeal No. 8507 of 2009 (State Vs. Ramu and others).
Order Date :- 27.7.2022 N.S.Rathour