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.
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"
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."
"Issue a writ order or direction in the nature of mandamus commanding the learned District Judge, Allahabad to decide Execution No. 45 of 2013; Tara Singh Jaiswal Vs. State of U.P. & others (arising out of Arbitration Case No. 63 of 2008; Tara Singh Vs. State of U.P. and Others) as expeditiously as possible preferably within some fixed period."