State of U.P. Vs Abdul Samad

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Court No. - 90

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Case :- GOVERNMENT APPEAL No. - 2859 of 1998

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Appellant :- State of U.P. Respondent :- Abdul Samad Counsel for Appellant :- A.G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned A.G.A. for the appellant and perused the material placed on record.

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Leave granted.

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Order on Appeal

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Heard learned A.G.A. for the appellant on question of admission of present Government Appeal filed against the impugned judgement of acquittal passed by the IIIrd Additional Chief Judicial Magistrate, Saharanpur in Criminal Case No. 1487 of 1993, vide its judgement and order dated 4.6.1998.

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On perusal of record, it appears that accused- respondent is the owner of essential commodities shop in village Jamalpur, P.S. Behat and there is an allegation against him of misappropriate of Rs.11,215.18/-.

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Learned court below has observed that P.W.1 Juyel Kishor Sharma, P.W.2 Mahipal, P.W.3 Mohd. Aslam, P.W.4 Shravan Singh, P.W.5 Yashpal Singh have been introduced as witnesses from the side of prosecution whereas P.W.2 Mahipal in his statement admitted that he often took money from the respondent-accused.

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The learned court below has also observed that on perusal of the letter issued by the Samiti dated 30.3.1985, no money was outstanding against the accused-respondent and has concluded that the charge of embezzlement/criminal breach of trust has not been proved against the accused beyond reasonable doubt.

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On perusal of impugned judgement, no factual or legal error or infirmity appears therein. The present government appeal lacks merit and is liable to be dismissed at the admission stage itself.

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Accordingly, the government appeal is hereby dismissed.

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Order Date :- 28.9.2022 Kamarjahan

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Digitally signed by KAMARJAHAN ANSARI Date: 2022.09.30 11:17:13 IST Reason: Location: High Court of Judicature at Allahabad

State of U.P. v. Abdul Samad

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State of U.P. v. Abdul Samad

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