Harish Chandra Pathak vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2240

DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA
Harish Chandra Pathak – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Appellant : Santosh Kumar Gupta.
For the Respondent: C.S.C.

JUDGMENT

Heard Shri Santosh Kumar Gupta, learned Counsel for the appellant and learned Standing Counsel for the State/ respondents.

2. This intra Court appeal under Chapter VIII Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952 has been preferred by the appellant, Harish Chandra Pathak, assailing the judgement and order dated 28.03.2023 passed by the learned Single Judge, by which Writ-A No. 2495 of 2023 preferred by the writ petitioner/ appellant has been dismissed and liberty has been granted to the writ petitioner/appellant to apply for his reinstatement in service, in case he is acquitted of the offence and in that regard it has also been directed that the authority may take a view as per the relevant Government Order.

3. The brief facts of the case culled out from the record are that on 10.07.1990, the appellant was enrolled/engaged as Home Guard and while working as such, an F.I.R., bearing Case Crime No. 1049 of 2015, under Sections 419 , 420, 467, 468 and 471 I.P.C., was registered against him at police station Kotwali Utraula, district Balrampur. However, he was granted bail in the aforesaid criminal case by the learned Single Judge vide order dated 14.06.2016 passed in Bail