ASH MOHAMMAD Vs. STATE OF U P

JUDGEMENT

(1.) The present crl. revision has been filed against the some part of the judgment and order of remand the case for retrial before the Court below on 18.10.2013 passed by Upper District and Sessions Judge, Aligarh in Crl. Appeal No. 89 of 2013 (Ash Mohammad and others v. State of U.P.) arising out of Case Crime No. 02 of 2010 under Sections 498-A and 323 I.P.C., police station Harduaganj, District Aligarh. Heard Sri Shrawan Kumar Mishra, Advocate holding brief of Sri Gauri Shankar Mishra, learned counsel for the revisionist and Sri Ashutosh Kumar Tripathi, learned A.G.A. for the State.

(2.) On the other hand, learned A.G.A. has opposed the said prayer and has submitted that as per Section 386(b)(1) Cr.P.C., the lower appellate Court had rightly remanded the case for retrial as the lower appellate Court found that no proper opportunity was given either to the prosecution or to the defence to plead the cases.

(3.) Considered the submissions advanced by learned counsel for the parties and perused the impugned order.