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Allahabad High Court

Gudiya vs State Of U.P. & Others on 9 January, 2017

Bench: Shashi Kant Gupta, Rekha Dikshit





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 
Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 2522 of 2011
 
Appellant :- Gudiya
 
Respondent :- State Of U.P. & Others
 
Counsel for Appellant :- Suneel Kr. Mishra,Sri Prakash Dwivedi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Shashi Kant Gupta,J.
 

Hon'ble Mrs. Rekha Dikshit,J.

This application has been filed by the appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 29.3.2011, passed by the learned Additional Sessions Judge, (F.T.C), Court No. 1, Mirzapur, in Sessions Trial No. 145 of 2006 (State Vs. Shankar Majhi and others) arising out of Case Crime No. 519 of 2006, under Section 304 IPC, P.S. Chunar, District Mirzapur, whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above.

It is noteworthy that against the aforesaid impugned judgment and order of acquittal order dated 29.03.2011, a Government Appeal No.4460 of 2011, preferred by the State has already been admitted by this Court today.

In view of the above, this criminal appeal  which has been preferred against the same impugned judgement and order of acquittal is also admitted.

Issue notice to respondents No.2 and 3.

Connect and list with  Government Appeal No.4460 of 2011 (State of U.P. Vs. Shankar Majhi and another).

Since connected Government Appeal No.4460 of 2011 (State of U.P. Vs. Shankar Majhi and another) has already been admitted and bailable warrants has already been issued to the accused-respondents, there is no need to again issue bailable warrants against the accused respondents in this appeal.

Connect and list this matter on 11.4.2017 along with the Government Appeal.

Order Date :- 9.1.2017.G.S