ASHOK KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Jitendra Prasad Mishra, learned counsel for the applicants, Sri Sandeep Srivastava, learned counsel for the opposite party no.2, learned AGA for the State and perused the material on record.

(2.) THE applicants have filed the instant application under Section 482 Cr.P.C. impleading the State of U.P. and Smt. Asha Srivastava (complainant/victim) as opposite party nos.1 and 2, praying for quashing the order dated 9.2.2012 passed by the Additional Sessions Judge, Court No.5, Allahabad, in Criminal Appeal No.280 of 2010, Smt Asha Srivastava Vs. State of U.P and others whereby the preliminary objection raised by the (accused persons) applicants herein regarding maintainability of the instant criminal appeal against the judgment and order of acquittal has been rejected and it has been held that the victim lady (appellant) has a right to prefer an appeal.

(3.) THE opposite party no.2 Smt. Asha Srivastava feeling aggrieved by the judgment and order of the acquittal dated 5.10.2010 challenged the same by way of filing Criminal Appeal No. 280 of 2010 Smt. Asha Srivastava Vs. State of U.P. and others before the Court of Session, Allahabad and the said appeal was admitted by the Court of Session vide order dated 24.11.2010.