Criminal Misc. Application No. 139 of 2017. Case: Surendra Pratap Mishra Alias Lav Vs State of U.P. and Others. High Court of Allahabad (India)

Case NumberCriminal Misc. Application No. 139 of 2017
CounselFor Appellant: Indra Kumar Chaturvedi, Adv.
JudgesShashi Kant Gupta and Abhai Kumar, JJ.
IssueIndian Penal Code - Sections 147, 307, 323, 504, 506
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


We have heard Sri Indra Kumar Chaturvedi, learned counsel for the appellant, Sri Vinay Kumar Pathak, learned counsel for the Opposite Party Nos. 2 to 5, learned AGA for the State and perused the trial court's judgment on record.

This application has been filed by the appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 14.02.2017, passed in Sessions Trial No. 58 of 2013 (State Vs. Dinesh Misra and others), arising out of Case Crime No. 115 of 2012, under Sections 147, 307, 323, 504, 506 IPC, P.S. Chhavni, District Basti by the learned Additional Sessions Judge, Court No. 1, Basti whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above.

A perusal of the record shows that the court below after scanning the entire evidence on record has expressed doubt with regard to the alleged incident. The alleged injuries are simple in nature and the prosecution has not been able to prove the case beyond all reasonable doubt. The court below has also recorded a finding while referring to statement of the accused respondents under Section 313 Cr.P.C. that respondent No. 5 Kanhaiya Lal Mishra had earlier filed a case against the complainant with regard to the theft of electricity in which the complainant had...

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