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2022 Supreme(All) 644

VIVEK KUMAR BIRLA, VIKAS BUDHWAR
Ram Sudhar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : C.J. Yadav, Shailendra Kumar Tripathi.
For the Respondent:Govt. Advocate.

JUDGMENT :

Vikas Budhwar, J.

1. This appeal under Section 372 of Criminal Procedure Code, 1973 (in short 'Cr.P.C.'), has been instituted by the informant being Ram Sudhar son of Chhote Lal against the judgment and order dated 9.2.2011, passed by Special Judge (D.A.A.)/Additional Session Judge, Court No. 2, District Kannauj, passed in S.T. No. 186 of 2006 (State Vs. Rajesh @ Tillu), under section 302/34, 201 I.P.C. arising out of case Crime No. 169 of 2006, Police Station. Tirwa, District Kannauj, whereby learned trial court has acquitted the accused, who are respondents-opposite parties no. 2 and 3.

2. This appeal was initially presented before the Registry of this Court on 24.5.2011 with the delay of 38 days and on 26.5.2011, in Criminal Misc. Delay Condonation Application No.161441 of 2011, notices were issued. Thereafter, on 24.8.2012, learned counsel for the appellant was not present, however, after hearing the learned A.G.A, the Delay Condonation Application was allowed and it was directed that a regular number be allotted to this appeal. The order dated 24.8.2012 is being re

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