TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties. Leave granted. It has been pointed out by the learned counsel for the appellant that in view of the injunction order granted by the Direct Judge, dehradun on 11th July, 1996 there was no question of convicting the appellant for the offences punishable under Sections 441 and 447 of the Indian Penal Code. Learned counsel appearing on behalf of the respondent submits that before the High Court learned counsel for the appellant has not raised the said contention and has only prayed for reduction of punishment and, therefore, the High Court has not considered the same.

(2.) Considering the dispute involved in the matter, in our view, the impugned order passed by the High Court requires to be set aside and the matter is required to be remitted to the high Court for considering afresh on the basis of the contentions raised by the parties. We order accordingly. The appeal stands disposed of.