This court dismissed a government appeal against an acquittal order under Section 3 R.P. U.P. Act. The court found no material irregularity and found the acquittal plausible despite contradictions in prosecution evidence and lack of independent witnesses.
Leave to appeal rejected and government appeal dismissed at admission stage on merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 77
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 468 of 2008
Appellant :- State Of U.P. Respondent :- Arun Kumar Counsel for Appellant :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
Hence this appeal.
Order Date :- 9.5.2019
P.P.
. . . . . . . .
Court No. - 77
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 468 of 2008
Appellant :- State Of U.P. Respondent :- Arun Kumar Counsel for Appellant :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
There is delay of 19 days in filing Government Appeal.
Since the Government Appeal has been dismissed at the admission stage, there is no need to give finding on delay condonation application.
The delay condonation application is rejected.
Order Date :- 9.5.2019
P.P.
2 issues framed by the court
Whether the acquittal of the accused under Section 3 of the Railway Premises (Uttar Pradesh) Act is liable to be set aside in appeal.
Whether there was material irregularity or jurisdictional error warranting interference with the lower court's order.
2 provisions across 2 enactments
State Of U.P.
Arun Kumar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
