This order dismisses a government appeal as the same arguments and evidence were already considered and rejected in a previous appeal against a co-accused. The lower court record was sent back.
Leave to appeal rejected; instant appeal dismissed; lower court record sent back.
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Court No. - 51
Case :- GOVERNMENT APPEAL No. - 5995 of 2011 Appellant :- State Of U.P. Respondent :- Rakesh & Another Counsel for Appellant :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Arun Kumar Singh, learned AGA appearing for the
State.
Sri Arun Kumar Singh, learned A.G.A. has very clearly informed the Court that a Government Appeal no. 5994 of 2011 has been filed before this Court against co-accused Pramod and the same has already been dismissed by this Court. He further informed that the accusedrespondents, namely, Rakesh and Girraj Sharma have similar role to that of co-accused Pramod and the evidence and ground which have been taken in the instant appeal are also similar which was taken in government appeal no. 5994 of 2011 of co-accused Pramod which has already been dismissed by this Court.
Keeping in view the judgment passed by this Court dated 25.7.2018 in Government Appeal no. 5994 of 2011, the application seeking leave to appeal is rejected . Consequently, instant appeal is also dismissed .
The lower court record be sent back to the court concerned forthwith.
Order Date :- 25.7.2018 Vikram
State Of U.P.
Rakesh
Girraj Sharma
Vipin Sinha
Ifaqat Ali Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
