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2024 Supreme(All) 43

SHAMIM AHMED
Raj Kumar Saroj – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home, Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ashok Kumar Singh,Mukesh Sharma
For the Respondent: G.A.

JUDGMENT :

Shamim Ahmed, J.

1. Heard Sri Ashok Kumar Singh, learned counsel for the petitioner and Sri S.P. Tiwari, learned A.G.A.-I for the State as well as perused the record.

2. The instant petition under Article 227 of The Constitution of India has been filed with following relief:-

    “Wherefore, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to set aside the impugned order dated 19.01.2024 passed in Misc. Case No.554/2023 (State Vs. S.H.O. Mankapur, Gonda) by the Court of Additional District and Session Judge, Court No.3, Gonda.”

3. Learned counsel for the petitioner submits that on 23.05.2015, police of Police Station Mankapur, District Gonda recovered a Truck bearing Registration No. UP-32-A-9016 and an F.I.R. was lodged as Case Crime No. Nil/2015, under Sections 41, 411, 413, 420, 467, 468, 487 I.P.C. at Police Station Mankapur, District Gonda, which was later on converted to Case Crime No.0999/2015.

4. He further submits that thereafter the matter was investigated by the Investigating Officer and charge sheet was submitted before the learned court below. He further submits that during trial on 23.08.2023, the court of learned Additional District and S

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