Allowed

State of Uttarakhand v. Deepu Alias Bhupendra Singh Rana

Uttarakhand HC3 Mar 2022SPLA/26/2022

Case brief

AI extract

What is this about?

The Special Leave to Appeal against an order of acquittal was dismissed as there were no incriminating circumstances or substantial reasons prima facie to grant leave. Consequently, the Government Appeal was also declared not maintainable.

What did the court decide?

Special Leave to Appeal No. 26 of 2022 dismissed; Government Appeal No. 06 of 2022 declared not maintainable.

State of Uttarakhand Vs Deepu Alias Bhupendra… — Criminal Trial and Appeal | Uttarakhand HC (2022)

¶1

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

¶2

SRI JUSTICE S.K. MISHRA, A.C.J. AND SRI JUSTICE R.C. KHULBE, J.

¶3

03^RD MARCH, 2022

¶4

SPECIAL LEAVE TO APPEAL No. 26 OF 2022 WITH

¶5

GOVERNMENT APPEAL No. 06 OF 2022

¶6

Between:

¶7

State of Uttarakhand.

¶8

…Appellant

¶9

and

¶10

Deepu @ Bhupendra Singh Rana and another.

¶11

…Respondents

¶12

Counsel for the appellant. : Mr. J.S. Virk, the learned Deputy Advocate General assisted by Mr. Rakesh Joshi, the learned Brief Holder for the State of Uttarakhand. Counsel for the respondents. : None.

¶13

Upon hearing the learned Counsel, the Court made the following

¶14

JUDGMENT : ( per Sri S.K. Mishra, A.C.J.)

¶15

Special Leave to Appeal No. 26 of 2022 :-

¶16

This is an application for grant of leave to

¶17

appeal against the order of acquittal rendered by the learned Special Sessions Judge (SC/ST), Almora in Special Session Trial No. 18 of 2014 dated 29.11.2021.

¶18

Heard Mr. J.S. Virk, the learned Deputy Advocate General, perused the impugned judgment, and considered the grounds taken by the State of Uttarakhand in the Appeal memo.

¶19

We do not find any incriminating

¶20

circumstances in the present case. We also do not find any compelling and substantial reasons, prima facie , to grant Special Leave to Appeal. In this case we take note of the judgment rendered by the Hon’ble High Court of Orissa in CRLLP No. 103 of 2015, State of Orissa v. Urmila Nayak , in which one of us (S.K. Mishra, A.C.J.) has rendered the judgment, wherein it has been laid down as follows :-

¶21

No doubt the judgment rendered by the Hon’ble Supreme Court in Ghurey Lal Vs. State of U.P.; (2008) 10 SCC 450 case relates to final judgment of the appeal against acquittal, but we are of the opinion that those Considerations also should weigh in the mind of the Court while granting the leave to file appeal against acquittal. However, while considering the desirability or otherwise of granting leave to appeal against acquittal, the appellate Court, at the first

¶22

¶23

instance, is required to, prima facie, be satisfied about the existence of conditions that are required for overturning a judgment of acquittal to one of conviction While deciding a matter regarding grant of leave to appeal against acquittal, the Court must be satisfied, prima facie, that at the final hearing of the appeal ‘very substantial and compelling reasons’ can be shown, on the basis of which it will be most reasonable to overturn a judgment of acquittal. Only then the appellate court should grant the leave to appeal against acquittal.

¶24

Keeping in view the aforesaid considerations, we are of the considered opinion that there is no prima facie , ‘substantial and compelling reasons’, to come to the conclusion that the matter should be heard, the impugned judgment should be re-examined or examined by the Appellate Court in appeal against acquittal.

¶25

In that view of the matter, we are of the opinion that there is no merit in the application for Special Leave to Appeal against acquittal. Hence, the leave is not granted and the Special Leave to Appeal No. 26 of 2022 is dismissed.

¶26

¶27

Government Appeal No. 06 OF 2022

¶28

Since Special Leave to Appeal has not been granted, the Government Appeal No. 06 of 2022 is not maintainable against the judgment and order of acquittal

¶29

dated 29.11.2021.

¶30

________________ S.K. MISHRA, A.C.J.

¶31

R.C. KHULBE, J.

¶32

Dt: 03^rd March, 2022 Rahul

¶33

State of Uttarakhand v. Deepu Alias Bhupendra Singh Rana

Case brief

What is this about?

What did the court decide?

State of Uttarakhand v. Deepu Alias Bhupendra Singh Rana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

M/S Sant Steels and Alloys Pvt. Ltd. Vs Govt. of India and Ors.

Rupali Singh Vs State of Uttarakhand

Lakhendra Gauthiyal Vs Uttrakhand Public Service Commission

Saurabh Bhatia Vs State of Uttarakhand

Pitamber Thawal Vs State of Uttarakhand

State of Uttarakhand Vs Deepu Alias Bhupendra Singh Rana