Court No. - 1
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 324 of 2018 Applicant :- Ram Gopal Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Jitendra Kumar Singh,Shiv Badan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant assisted by Sri R.P. Tiwari, Advocate and Sri Azad Khan, Advocate and Sri Gaurav Pratap Singh, learned AGA for the State.
Learned counsel for the applicant submitted that the acquittal of the two accused respondents by the trial court appears to be bad as the trial court has misread the evidence on record and has acquitted the two accused respondents though there was sufficient evidence against them for being convicted in the present case. Hence, the order passed by the trial court with respect to the said two accused respondents be set aside and they may be convicted and sentenced by this Court.
The acquittal of the accused respondents requires consideration by this Court.
Admit.
C.J.M. concerned is directed to issue bailable warrant against the applicant and if he surrender/arrested and brought before the C.J.M., he shall be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the C.J.M. concerned ensuring that the applicant shall be present before this Court on the next date fixed.
List the matter for final hearing on 6.4.2020.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2019 Deepika