Appeal against acquittal in Special Trials involving charges under U.P. Gangster Act dismissed as no infirmity found in impugned order. Leave to appeal rejected.
Application for leave to appeal rejected; appeal dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 8505 of 2007
Appellant :- State Of U.P. Respondent :- Chabboo Sahani & Another Counsel for Appellant :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for State/appellant.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order dated 20.08.2007 passed by Special Judge (Gangster)/ Additional Sessions Judge, Court No. 11, District-Varanasi in Special Trial No. 209/1999 (State Vs. Chabboo Sahani) and Special Trial No. 210/1999 (State Vs. Vinod Chauhan), whereby the accused/respondents were acquitted from the charges under Section 3(i) U.P. Gangster Act, Police Station -Kotwali, District Varanasi.
From the perusal of impugned judgment and order, it reveals that respondents/accused Chabboo Sahani and Vinod Chauhan @ Doctor had been implicated in this case on the basis of the pendency of Case Crime No. 137/1999, under Section 394 I.P.C., Police StationKotwali, District Varanasi and Case Crime No. 90/1999, under Section 394 I.P.C., Police Station- Chowk, District Varanasi.
In both cases respondents/accused were acquitted. Accordingly, learned trial court has passed impugned order of acquittal.
The view taken by the learned trial court is possible one and based on reasoning. Accordingly, I find no infirmity in the impugned order passed by the Sessions Judge.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed.
Order Date :- 20.9.2018 Sharad/-
State Of U.P.
Chabboo Sahani & Another
Umesh Chandra Tripathi, J.
As recorded by the court registry
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