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2012 Supreme(UK) 140

SERVESH KUMAR GUPTA
ASGAR – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


Advocates:
For the Revisionist : Mr. Ghanshyam Joshi, Amicus Curiae
For the State : Mr. P.S. Bohara, Brief Holder
For the Revisionist : Mr. Lalit Miglani, Adv., i/b Mr. Pankaj Miglani, Adv.
For the State : Mr. P.S. Bohara, Brief Holder

JUDGMENT

Hon’ble Servesh Kumar Gupta, J.

At the outset, it is pertinent to mention that revisions no.38 and 40 of 2003 have been preferred by the same accused Rasheed Ahmad, challenging the common judgment and order dated 26.3.2003 rendered by learned Additional Sessions Judge/IVth FTC, Haridwar in criminal appeal no.50 of 2000. These revisions bear the different numbers, as the same were filed by different advocates.

2. Criminal revision no. 37 of 2003 has been preferred by co-accused Asgar against the judgment and order dated 28.3.2003 passed by the same court, whereby the judgment and order of trial court dated 7.12.2000 was affirmed.

3. It appears that accused Rashid Ahmad, Pradhan of village Mirjapur Mustafabad, within the territorial jurisdiction of P.S. Jwalapur, District Haridwar, along with a contractor Asgar, was tried by the court of Second Additional Chief Judicial Magistrate, Haridwar vide trial no.650 of 2000. The said trial pertained to crime no.228 of 1987 (chargesheet no.23 1 dated 29.12.1987 against the accused Rashid Ahmad and chargesheet no.231-A dated 2.2.1988 against the accused Asgar) relating to the offences punishable u/s 409/420 IPC along with Sections 4/1



















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