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State Of U.P. v. Smt. Chameli Devi & Others - GOVERNMENT APPEAL No. 5664 of 2002  RD-AH 6210 (22 November 2005)
Court No. 2.
Criminal Misc. Application No. of 2002
(Under Section 378(3) of the Criminal Procedure Code)
Government Appeal No. 5664 of 2002
State of U.P. Vs. Smt. Chameli Devi and others
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Ravindra Singh, J.
Heard learned A.G.A. for the State.
This is an application under Section 378(3) Cr.P.C. on behalf of State for leave to appeal against the judgment and order dated 21.8.2002 passed by Additional Sessions Judge, Court No. 2, Varanasi whereby the respondents are acquitted under Sections 304B/498A I.P.C. and ¾ of Dowry Prohibition Act in S.T. No. 416 of 1996 (State Vs. Smt. Chameli Devi and others) by which the respondents were acquitted.
It is contended by learned A.G.A. that the trial court has convicted co-accused Santosh Kumar Mishra on the same set of evidence on which the opposite parties have been acquitted. The order of acquittal is erroneous and liable to be set aside. Santosh Kumar Mishra has already filed Crl. Appeal No. 3386 of 2002. It is further contended that findings of the trial court requires reconsideration.
We have carefully examined the acquittal order. In our opinion, it is a fit case for grant of leave to appeal. Leave to file the government appeal is accordingly granted and the application for leave to file the government appeal is allowed.
Dated : 22.11.2005
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