Court No. - 40
Case :- SPECIAL APPEAL No. - 1085 of 2018 Appellant :- Surya Yadav Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Pankaj Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the appellant.
Learned counsel for the appellant while advancing his submissions has relied on the Division Bench judgment in the case of Manoj Kumar Yadav Vs. State of U.P. and 2 others in Special Appeal No. 743 of 2018 decided on 16th August 2018.
Similar matters have been considered by co-ordinate Benches and the special appeals have been dismissed being Special Appeal No. 836 of 2018 Muralidhar Patel Vs. State of U.P. and 2 others, Special Appeal Defective No. 781 of 2018 Pooja Rajpoot Vs. State of U.P. and 2 others and Special Appeal No. 823 of 2018 Surendra Mohan Yadav Vs. State of U.P. and 2 others.
We have perused the judgment dated 16.08.2018 in the case of Manoj Kumar Yadav (supra) but we do not find any consideration of the Full Bench judgment in the case of Gaurav Sharma Vs. State of U.P. and others 2017 (5) ADJ 494. Since the learned Single Judge has found himself to be bound by the Full Bench judgment, we cannot also deviate from the same more so when such similar appeals have been already been dismissed.
This appeal is therefore also accordingly dismissed.
Order Date :- 29.10.2018 M. ARIF