LAWS(SC)-2004-1-56

OMWATI Vs. STATE OF UTTAR PRADESH

Decided On January 30, 2004
OMWATI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Sometimes one would come across strange orders passed, depicting very unhappy state of affairs. The case in hand is one of such cases. It appears that the appellant before us filed an appeal, Criminal Appeal No. 356 of 1981 in the High Court against the acquittal of the respondents who were acquitted after their trial. As it is evident from the number assigned to that appeal, it may have been filed sometime in 1981. On 9-10-2002 an order was passed by the High Court which we quote below:

(3.) The above order seems to have been passed unmindful of the fact that the appellant was not an accused but a complainant who had preferred an appeal against acquittal. In case the appellant was not present, there may have been other options but certainly not for arrest of the complainant appellant who was complaining against the acquittal of some accused persons. The appellant approached this Court and on 25-4-2003 an order was passed to the following effect: