Court No. - 79
Case :- GOVERNMENT APPEAL No. - 2406 of 2004 Appellant :- State Of U.P.
Respondent :- Constable 288 Cp Pyare Ali And Another Counsel for Appellant :- V.S. Misra
Hon'ble Ram Krishna Gautam,J.
Heard learned AGA for the State and perused the record.
This appeal under Section 378(3) Cr.P.C. has been filed by State of U.P. against Constable Pyare Ali and Constable Warish Uddin against their judgment of acquittal dated 13.8.2004 passed in Sessions Trial No. 768 of 1998 arising out of Case Crime No. 710 of 1997, under Sections 454, 380 I.P.C. by Court No. 1 of Additional Sessions Judge, Rampur with a prayer for grant of leave for filing appeal against judgment of acquittal.
Impugned judgment filed with this memo reveals that it was not a judgment of acquittal passed after a trial rather an application moved as 9-Kha for discharge before framing of charge under Section 227 of Cr.P.C. was heard and disposed of in which accused Pyare Ali and Warish Uddin were discharged from the offence punishable under Section 342, 218, 306, 195, 196, 197, 177 I.P.C. i.e. it is not a judgment of acquittal after trial rather an order of discharge at the stage of framing of charge under Section 227 of Cr.P.C. and an appeal under Section 378(3) Cr.P.C. is not maintainable against this order. Hence, no question for grant of leave arises.
Hence, the present appeal is being rejected.
Order Date :- 30.7.2019 Kamarjahan