HOSHIYAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed for expunging the remarks made against the applicant in the judgment and order dated 25 February 2015 rendered by a Division Bench of this Court in Criminal Appeal No.1150 of 2011 (Hoshiyar Singh Vs. State). The aforesaid Criminal Appeal No.1150 of 2011 had been filed by the appellant against the judgment given on 6 May 2011 by the applicant in Sessions Trial No.1382 of 2009 (State Vs. Hoshiyar Singh). The appellant was convicted and sentenced by the applicant under Section 120-B of the Indian Penal Code, 1860 read with Section 120-B IPC; under Section 302 IPC read with Section 120-B IPC, under Section 364 IPC read with Section 120-B IPC, under Section 201 IPC read with Section 109 IPC, under Section 342 IPC read with Section 120-B IPC and under Section 7 Criminal Law Amendment Act, 1932 read with Section 120-B IPC.

(2.) The judgment in the Criminal Appeal was rendered by a Bench comprising Hon'ble Mr. Justice Imtiyaz Murtaza and Hon'ble Mr. Justice Ritu Raj Awasthi on 25 February 2015. While allowing the appeal, the Division Bench observed:

(3.) The judgment and order in Sessions Trial No. 1382 of 2009 dated 6 May 2011 was, accordingly, set aside and the appellant was acquitted of the offence under Section 120-B and was directed to be released forthwith unless wanted in any other case. After having allowed the appeal, the Division Bench also made the following remarks against the applicant:-