STATE OF U P Vs. WASIM AHMED

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against a final order dated 8th of December, 2005 passed by a Division Bench of the high Court at Allahabad in First Appeal No. 306 of 2002, by which the Division Bench of the High Court had declined to interfere with the findings of the trial Court and dismissed the appeal.

(3.) FOR the reasons aforesaid, we are unable to sustain the order of the Division Bench and accordingly, set aside the judgment of the Division Bench of the High Court and send it back to the High Court for a fresh decision in accordance with law after giving hearing to the parties. It is expected that the High Court shall decide the appeal within two months from the date of communication of this order to the High Court. No unnecessary adjournments shall be granted to either of the parties.