The High Court dismissed the State's appeal regarding an acquittal order. The court held that the prosecution failed to prove the impugned order was illegal, and thus, no interference was required. Leave to appeal was refused, and the appeal was dismissed.
Leave refused. Appeal dismissed.
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Court No. - 24
Case :- GOVERNMENT APPEAL No. - 709 of 1997
Appellant :- State Of U.P. Respondent :- Ram Gopal Counsel for Appellant :- V.S. Mishra,AGA
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned A.G.A. for the State.
The prosecution has utterly fail to prove that the order of the Chief Judicial Magistrate, Badaun is illegal and the acquittal under sections 468, 471 and 420 of the Indian Penal Code was such which requires interference.
Leave refused.
Appeal dismissed .
Order Date :- 12.10.2018 Praveen
3 issues framed by the court
Whether the acquittal order by the Chief Judicial Magistrate under sections 468, 471 and 420 IPC warrants interference by the appellate court.
Whether the prosecution has proved that the impugned order is illegal.
Whether leave for the appeal should be granted.
1 provisions across 1 enactments
State Of U.P.
Ram Gopal
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
