The Allahabad High Court dismissed a state government appeal preferred against an order of acquittal. Since the trial court cited non-production of prosecution witnesses as a case of no evidence, the High Court held the appeal lacked merit and dismissed it at the admission stage.
The appeal was dismissed at the stage of admission.
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Court No. - 90
Case :- GOVERNMENT APPEAL No. - 2666 of 1997
Appellant :- State of U.P. Respondent :- Narendra Nath Dubey And Others Counsel for Appellant :- Vijay Shanker Mishra,AGA
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned AGA on behalf of the State on the question of admission and perused the material available on record.
From perusal of record it appears that the instant government appeal has been preferred by the State of U.P. under Section 378(3) Cr.P.C. against the impugned judgement and order of learned Judicial Magistrate-I, Varanasi dated 21.2.1997 in Criminal Case no. 987 of 1994 (State vs. Narendra Nath Dubey) arising out of Case Crime no. 362 of 1992, under Sections 498, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Chauk, District Varanasi.
By the impugned judgement and order dated 21.2.1997, accused respondents were acquitted of the aforesaid charges.
From perusal of the impugned judgement and order, it appears that no witnesses could be produced by the prosecution in support of charges against the accused persons; it was a case of no evidence and therefore, in absence of any evidence, accused respondents were acquitted of charges by the trial court.
The appeal lacks merit and is liable liable to be dismissed at the stage of admission.
The appeal is hereby dismissed at the stage of admission.
Lower court record be sent back to the court concerned.
Order Date :- 29.9.2022 Dhirendra/
Digitally signed by DHIRENDRA KUMAR Date: 2022.09.30 10:54:54 IST Reason: Location: High Court of Judicature at Allahabad
1 provisions across 1 enactments
State of U.P.
Narendra Nath Dubey
Ram Manohar Narayan Mishra, J.
Dhirendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
