At, High Court of Judicature at Allahabad
By, THE HONOURABLE MR. JUSTICE AMRESHWAR PRATAP SAHI & THE HONOURABLE MR. JUSTICE BACHCHOO LAL
For the Applicant: Sanjay Mishra, Advocate. For the Respondents: R.K.S. Chauhan, Govt Advocate.
Amreshwar Pratap Sahi, Bachchoo Lal, JJ.
This appeal by the complainant arises out of Case Crime No. 67 / 425 of 2006, P.S. Khurja Nagar District Bulandshahr State Vs. Dushy
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ant and others giving rise to S.T. No. 1239 of 2006 whereby the respondents have been acquitted of the charges u/s 320/34, 504, 506 I.P.C. and 3(2) (5) SC/ST Act 1989.
In spite of repeated calls on all occasions, Sri Sanjay Mishra, learned counsel for the appellant was not present. He is not present even today.
Heard Sri Sangam Lal Kesarwani in connected Cr. Appeal No. 1046 of 2013 and learned A.G.A. for the State.
Learned A.G.A. while assisting the Court has submitted that the convicted appellants are resisting their defence also on the ground that three of the other accused who at the time of incident are stated to be present by both the witnesses have been acquitted clearly demonstrates a doubt about the presence of the witnesses. We therefore, find it necessary to issue notice in this appeal.
Issue notice to the respondents Dushyant, Praveen and Kalua who shall appear before the Chief Judicial Magistrate, Bulandshahr and on their appearance the said noticees shall apply for bail and give an undertaking of their appearance before this Court in this appeal. Learned Chief Judicial Magistrate concerned shall proceed to pass orders and submit his report within three weeks.
Office to dispatch notices forthwith to all the three respondents namely, Dushyant, Praveen and Kalua.
The matter shall be listed thereafter along with Cr. Appeal No. 1046 of 2013 and the office shall indicate a date on the notices issued that the case shall be taken up on a particular date.
Since the records in connected Cr. Appeal have arrived and the paper book has been prepared, the matter shall proceed accordingly.