Court No. - 78
Case :- CRIMINAL APPEAL No. - 2362 of 1988 Appellant :- Rajendra Kumar Respondent :- Jwala Prasad And Others Counsel for Appellant :- N.K. Srivastava Counsel for Respondent :- A.G.A.
Hon'ble Ajit Singh,J.
This criminal appeal has been filed against the judgment and order dated 08.07.1988 passed by Special Judge, Jaunpur whereby the application under Section 340 of Cr.P.C. moved by by the present appellant Rajendra was rejected which was filed for prosecuting the respondent No.1 on the allegation that a false affidavit was filed by the respondent No. 1 in Revision No. 181 of 1987 (Rajendra Kumar Vs. Jwala Prasad).
The Court has been informed both the appellant and the respondent have died and nobody is pursuing this appeal at present.
This appeal is pending since 1988.
I have perused papers and the impugned order and after perusal of the impugned order this Court finds that no illegality or infirmity was committed by the concerned trail court. The lower court has decided the application after analyzing the facts and grounds of the application and the lower court has found that no false affidavit was given by the respondent and rejected the application of appellant by passing a detailed order.
This Court does not finds any good ground to interfere in the impugned order.
On the basis of non prosecution as well as on the basis of merit the appeal stands dismissed.
Office is directed to send back the lower court record to the concerned trial court.
Order Date :- 24.9.2021 Md Faisal