Allahabad High Court
State Of U.P. vs Brijesh Kumar @ Birju & Ors. on 11 August, 2010
Author: Abdul Mateen
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- U/S 378 CR.P.C. No. - 253 of 2010 Petitioner :- State Of U.P. Respondent :- Brijesh Kumar @ Birju & Ors. Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the State.
This application under Section 378 (3) Cr.P.C. has been moved against judgment and order dated 22.04.2010 passed by the Additional Sessions Judge/FTC-1st, Faizabad in Sessions Trial Nos. 90 of 2004 and Sessions Trial No. 124 of 2005 whereby the respondents have been acquitted of the charges levelled against them under Sections 147, 148, 436, 427, 504 and 506 IPC and under Sections 147, 148, 436/149,427/149,504,506(2) IPC. We have gone through the judgment of the court below. It is argued that in the incident one ambassador car and articles of a temple were burnt; fire-brigade was called, which extinguished the fire; in the incident Pushpa (PW-2) received injuries, but her testimony as well as factual aspect that one ambassador car and articles of temple were also burnt has totally been ignored by the court below while acquitting the respondents. We find some force in the argument advanced by the learned State counsel. Accordingly, the application is allowed and leave to appeal is granted. Order Date :- 11.8.2010 Chauhan/-
Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Admit.
Summon lower court record.
Let bailable warrants of arrest be issued against the respondents through Chief Judicial Magistrate concerned fixing 30th September, 2010 for their attendance before this Court. List on 30th September, 2010.
Order Date :- 11.8.2010 Chauhan/