STATE OF UTTAR PRADESH Vs. RAKESH

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel, for the parties.

(3.) In our view, the cryptic order passed by the High Court on the face of it is illegal and erroneous. Without assigning any reason the High Court has rejected the leave to appeal on the ground that it does not call for any interference and the finding of acquittal recorded by the trial Court is justified. Considering the judgment and order of the trial court, it appears that evidence of eye-witnesses requires re-appreciation and without considering the said evidence the High Court has declined leave. Hence without making any further observation on merits, we allow the appeal, quash and set aside the impugned order and restore the appeal on the file of the High Court. The High court to decide the appeal on merits.