Harpal Singh vs State Of U.P. And Others on 30 January, 2015
In view of the clear and unequivocal pronouncement of the Full
Bench in Harpal Singh's case (supra), we have no manner of doubt
whatsoever that the judgement of the Division Bench rendered in Rajiv
Kumar's case (supra) could not have been applied in the facts of the
instant case. As such, the impugned judgment and order dated 2nd
November, 2018 cannot be sustained in law and is required to be set
aside and is accordingly set aside. Consequently, the writ petition stands
dismissed and the Special Appeal stands allowed accordingly.
Order Date :- 23.10.2019
Deepak/
(Biswanath Somadder, J.)
(Ajay Bhanot, J.)