Supreme Court - Daily Orders
Mahinder Singh vs The State Of Himachal Pradesh on 31 July, 2017
Bench: Ranjan Gogoi, Navin Sinha
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S) 1286 OF 2017
[Arising out of Special Leave Petition
(Criminal) No.5398 of 2017]
MAHINDER SINGH ...APPELLANT(S)
VERSUS
THE STATE OF HIMACHAL
PRADESH ...RESPONDENT(S)
ORDER
1. Leave granted.
2. We have heard the learned counsels for the parties.
3. We have perused the order of the three courts below including the order of the learned Sessions Judge acquitting the accused appellant of the offence under Section 353 IPC. The High Court in appeal Signature Not Verified Digitally signed by VINOD LAKHINA was considering an order of acquittal and Date: 2017.08.01 17:17:41 IST Reason: 2 was expected to consider the matter before it from the limited perspective as to whether the view taken by the first Appellate Court in acquitting the accused appellant was a possible view.
4. Having considered the matter we are of the view that the order of acquittal passed by the learned first appellate court which has been interfered with by the High Court reflects a possible view and, therefore, ought not to have been interfered with.
5. Consequently and for the reasons stated above we allow this appeal; set aside the order of conviction passed by the High Court and acquit the appellant of the aforesaid offence under Section 353 IPC. 3
6. The appeal is allowed in the above terms.
....................,J.
(RANJAN GOGOI) ...................,J.
(NAVIN SINHA)
NEW DELHI
JULY 31, 2017
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ITEM NO.9 COURT NO.4 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 5398/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 09-03-2017 IN CRLA NO. 760/2008 PASSED BY THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA) MAHINDER SINGH PETITIONER(S) VERSUS THE STATE OF HIMACHAL PRADESH RESPONDENT(S) Date : 31-07-2017 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Ashok Mathur, AOR Ms. Nidhi Agrawal, Adv. For Respondent(s) Mr. D.K. Thakur, AAG Mr. Ajay Marwah, Adv. Mr. V.K. Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER [SIGNED ORDER IS PLACED ON THE FILE]