LAWS(ALL)-2022-2-59

VIRENDRA SINGH Vs. STATE OF U.P.

Decided On February 07, 2022
VIRENDRA SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Rajesh Yadav, learned counsel for the appellant-applicant and Ms. Nandprabha Shukla, learned A.G.A. appearing for the State.

(2.) As already held by this Court in number of cases that leave application filed under Sec. 378(3) Cr.P.C. is not required in the appeal filed by the victim under Sec. 372 Cr.P.C. like the present appeal. A reference may be made to the order dtd. 4/8/2021 passed in Criminal Appeal U/S 372 Cr.P.C. No. 123 of 2021 (Rita Devi vs. State of U.P. and another). As such, the application for leave to appeal stands rejected as not maintainable and / or not required.

(3.) This appeal has been filed against the order dtd. 12/7/2017 passed by the Additional Sessions Judge, Court No. 5, Mathura acquitting the respondent nos. 2, 3 and 4 under Sec. 302 I.P.C. and Sec. 25 of Arms Act in Sessions Trial No. 764 of 2013 arising out of Case Crime No. 85 of 2012, under Sec. 302 I.P.C. and Session Trial No. 765 of 2013 arising out of Case Crime No. 97 of 2012, under Sec. 25 of Arms Act, P.S. Maant, District Mathura.