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Sayyed Abbas vs State Of U.P. Thru. Prin. Secy. Revenue, ... on 25 September, 2023

In Amrendra Singh v. State of U.P. and others, MANU/UP/1480/2007 : 2008(1) ADJ 397 (DB), this Court has declined to interfere in intra Court appeal with an order of Single Judge even though legally it was not sustainable since substantial justice had been done therein and setting aside order may have resulted in revival of another pernicious order.
Allahabad High Court Cites 44 - Cited by 0 - S Lavania - Full Document

State vs . Naresh & Ors. on 11 January, 2008

12. Learned Defence Counsel during the course of argument Page No. 16 has submitted that the RPF officials have apprehended the three accused persons at different time and with different case property and also rely upon photocopy of citation of 1977 of Crl. L.J. 1934 as stated above. With this respect I am of the view that no doubt different articles were recovered from the possession of accuse persons from different places but all the articles are recovered in one instance on the basis of pointing out of one co­accused Naresh from the kabari shops of the accused Javed and Naimuddin. It is not necessary that whatever article has been recovered from the kabari shop from the accused the same or similar article to be recovered from the kabari shop of another accused. No doubt some of the unserviceble article of railway may be auctioned in open market but it is not the case of the learned Defence Counsel that the accused persons have come in possession of the recovered article after purchasing the same in auction being higher bidders. PW­1, PW­2 and PW­3 are the expert witnesses and they are examined to prove the authenticity of the case property and all of them have categorically stated that the case property as shown before them is a railway property which are not available in the open market. It is not necessary that each and every article railway property may have railway marka of either Northern Railway or any other Zone. I put reliance to this effect upon observations held in case titled as " Tara Chand Vs. State of U.P." Page No. 17 1973 Cri LJ 1098 it was held by Hon' ble Mr. Justice Prem Prakash that :­ " ....It may well be that the prosecution did not adduce direct evidence of theft, it is also true that these articles did not bear such specific marks as could lead one to say that they were railway property. But the corpus delicti of crime can also be proved by circumstances evidence"
Delhi District Court Cites 22 - Cited by 0 - Full Document
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