State of U.P Vs Granth Singh Gahlaut

Court No. - 87

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Case :- GOVERNMENT APPEAL No. - 4462 of 2004

Appellant :- State Of U.P Respondent :- Granth Singh Gahlaut Counsel for Appellant :- Govt. Advocate

Hon'ble Dinesh Kumar Singh,J.

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The present application under Section 378(3) Cr.P.C. has been instituted against the judgement and order dated 9.06.2004 passed by learned Special Judge (Anti Corruption), Bareilly in Special Case No.13 of 1998 whereby the learned trial court has acquitted the accused respondent finding that the prosecution has failed to prove the guilt of the accused respondent.

As per the complaint, against the accused-applicant there is an allegation of accepting bribe of Rs. 1500/-.

Learned trial court in its impugned judgement and order did not find that the evidence led by the prosecution as cogent and credible and therefore, the trial court was of the opinion that the prosecution had failed to prove the guilt of the accused respondent beyond reasonable doubt.

I have gone through the impugned order. The view taken by the trial court is plausible view. The judgement and order passed by the trial court is neither perverse nor against the evidence and law. In view thereof, this Court does not find that it is a fit case where the leave to appeal filed be granted. Thus, the application for leave to appeal is dismissed.

Order Date :- 17.2.2023 Kumar Manish.

Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

State of U.P v. Granth Singh Gahlaut