Court No. - 44
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 440 of 2018 Applicant :- Afsana Begum Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamal Ahmad Usmani Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Re: Criminal Misc. Leave Application Heard Sri Kamal Ahmad Usmain, learned counsel for the appellant/applicant, learned AGA and perused the record on the application for leave to Appeal.
The grounds taken in the application are sufficient. The application for leave to Appeal is allowed.
The present criminal appeal has been filed under sections 372/378(3) Cr.P.C., against the order of acquittal dated 19.09.2018 passed by the learned Additional Session Judge, Court No. 18, Kanpur Nagar in S.T. No. 5 of 2015 (State v. Km. Archana Bajpai) whereupon opposite party no. 2 Km Archana Bajapai has been acquitted under section 308 IPC, convicted and sentenced under sections 323 and 504 IPC for one and two years imprisonment respectively but released on probation for a period of one year.
Order Date :- 30.11.2018 shailesh .
Court No. - 44
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 440 of 2018 Applicant :- Afsana Begum Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamal Ahmad Usmani Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Kamal Ahmad Usmain, learned counsel for the appellant, learned AGA and perused the record.
The present criminal appeal has been filed under sections 372/378(3) Cr.P.C., against the order of acquittal dated 19.09.2018 passed by the learned Additional Session Judge, Court No. 18, Kanpur Nagar in S.T. No. 5 of 2015 (State v. Km. Archana Bajpai) whereupon opposite party no. 2 Km Archana Bajapai has been acquitted under section 308 IPC, convicted and sentenced under sections 323 and 504 IPC for one and two years imprisonment respectively but released on probation for a period of one year.
Learned counsel for the appellant submitted that the severe and grievous injury no. 1 caused on the vital part i.e. head of the injured to the injured, by opposite party no. 2 but the learned trial court has wrongly acquitted her.
This Court has gone through the record of the instant case, including the order impugned and is of the considered opinion that the matter requires to be argued.
Admit.
Summon lower court's record.
List the instant appeal for hearing soon after the lower court's record is received.
Order Date :- 30.11.2018/shailesh