Court No. - 34
Case :- SPECIAL APPEAL No. - 413 of 2012 Appellant :- State Of U.P. & Others Respondent :- Krishan Kumar Pal & Othrs Counsel for Appellant :- K.S. Kushwaha, S.C.
Counsel for Respondent :- D.K. Srivastava,R.P.Tiwari
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned Standing Counsel for the appellant and perused the record.
2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgment and order dated 25.05.2007 passed by learned Single Judge in Writ Petition No.25495 of 2007 whereby Court has allowed writ petition in terms of judgment and order dated 14.05.2007 passed in Writ Petition No.39963 of 2004 (Indu Dwivedi & Ors. Vs. State of U.P. & Ors.).
3. Learned Standing Counsel could not dispute that judgment in Indu Dwivedi (supra) was passed following Division Bench judgment in Ekta Shukla & Ors. Vs. State of U.P. & Ors., 2006 (1) ESC 531 and the said judgment has attained finality.
4. Learned Standing counsel, despite repeated query, could not point out any distinguishing feature so as to persuade this court to take a different view in the matter.
5. In view thereof, we find no merit in the appeal.
6. Dismissed accordingly.
Order Date :- 27.2.2018 KA