Court No. - 28
Case :- GOVERNMENT APPEAL No. - 513 of 1992 Appellant :- State Of U.P. Respondent :- Bhopal Singh Counsel for Appellant :- A.G.A.
Counsel for Respondent :- Ravindra Singh,Anurag Dubey
Hon'ble Rajeev Misra,J.
Heard learned A.G.A. for the appellant and Mr. Pankaj Kumar Sharma, learned counsel appearing on behalf of the accused- respondent.
This Government Appeal under Section 378 (3) of the Cr.P.C. has been filed challenging the order dated 03.12.1991 passed by the Ist Judicial Magistrate Mainpuri in Case No. 359 of 1989 (State Vs.Bhopal Singh) under Section 25/27 Arms Act.
From the perusal of the impugned order, it is apparent that the court below acquitted the accused-respondent on the ground that the prosecution has failed to lead any evidence, inspite of the fact that the matter has been pending since 29.03.1989.
Learned A.G.A. in support of his case has submitted that an opportunity ought to have been given by the court below to bring home the charge levelled against the accused-respondent before the court below. However, submission so urged by the learned A.G.A. is totally devoid of merits. This Court does not find any good ground to remit the matter back to the court below after expiry of a period of more than 27 years.
Consequently, the prayer for leave to appeal is refused. Consequently, the government appeal is dismissed.
Order Date :- 30.5.2019 YK