SERVESH KUMAR GUPTA
State of Uttarakhand – Appellant
Versus
Shamim Alam Khan – Respondent
1. Heard learned counsel for the parties and perused the Misc. Application No. 1434 of 2013 as also the objections thereupon.
2. The above-titled application has been moved by the applicant/complainant on dated 23.09.2013 in the pending Government Appeal No. 305 of 2004. The said appeal was preferred by the State, challenging the impugned judgment and order of acquittal dated 03.07.2004 rendered by Chief Judicial Magistrate, Haridwar in Criminal Case No. 2965 of 2000.
3. It has been prayed by way of the said application that the judgment of acquittal was passed for want of certain documents/papers, which were available in the office of Uttar Pradesh Bar Council, Allahabad. The learned Trial Judge tried its best to call those papers on record but unfortunately, those efforts remained unsuccessful. So, the learned court below was constrained to pass the judgment of acquittal of respondent - Shamim Alam Khan.
4. The said case was initiated by the informant Mr. O.P. Saklani, who is also an advocate in Dehradun Bar. He has moved the instant application in the capacity of informant/ complainant.
5. The question before the Court to be considered is not regarding significance of all thos
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