This appeal has been filed against the judgement and order of acquittal dated 31.05.2010 passed by Additional Sessions Judge, Court no. 3, Aligarh in Criminal Appeal No. 68 of 2009, Rajesh Kumar Verma vs. State of U.P. filed against the judgement and order of conviction and sentence dated 21.07.2009 passed by Judicial Magistrate, Court No. 1 Aligarh.
Learned counsel for the appellant is present. None is responding for the private opposite party no. 2. On the last date also none was responding on his behalf and this matter was adjourned.
Heard learned AGA for the State and perused the trial court's judgment and order.
Upon perusal of the judgment and evidence, I am of the view that the findings of acquittal require reconsideration. Therefore, leave to appeal is granted. The application is allowed and the appeal is admitted.
Summon the lower court record.
Issue bailable warrant the respondent no. 2 through the CJM, Aligarh returnable within three weeks from today. In case the accused-respondent no. 2 is arrested or appears before the court of CJM, Aligarh he may be released on bail on the undertaking that he shall appear before this court on the date fixed.
In the meantime, the CJM Aligarh shall submit the compliance report also.
List it on 08.03.2016.
Order Date :- 25.1.2016 P/K