DHARAM RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and the learned A.G.A.

(2.) SINCE appeal has not been admitted as yet and it is a first statutory appeal, therefore, appeal is admitted.

(3.) IT is submitted that the Appellant Dharam Raj, according to his statement under Section 313 Code of Criminal Procedure which is not in dispute, is aged about 70 years. It is further submitted that the Appellant was on bail during trial, which liberty, he has not misused. Additionally, it was contended that the incident occurred on 25.3.2008 regarding which, according to the prosecution allegation, an information was given to S.P. Jaunpur on 5.4.2008 but nothing happened, thereafter on 7.5.2008, a registry was dispatched without yielding any result and consequently on 30.6.2008 after a gap near about 3 months, power of the Magistrate was wielded under Section 156(3) Code of Criminal Procedure on the basis of which, after a gap near about six months on 29.9.2008, the FIR was registered. It is further submitted that the enmity is already admitted and it is because of that reason, Appellant has been falsely implicated, there is scanty chance of appeal being heard in near future.