AFR

Reserved

In Chamber

Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C

(LEAVE TO APPEAL) No. - 329 of 2012

Applicant :- Prithvi Singh

Opposite Party :- State of U.P. and Others

Counsel for Applicant :- Rajul Bhargava

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Vivek Kumar Birla,J.

Hon'ble Subhash Vidyarthi,J.

(Delivered by Hon’ble V.K. Birla,J.)

1.

This appeal has been filed against the order dated

7.7.2012 passed by the Additional Sessions Judge, Court No.

5, Hathras acquitting the respondent nos. 2 and 3 in Session

Trial No. 81 of 2002 (State vs. Bhoop Singh and others)

arising out of Case Crime No. 185 of 1994, under Sections

302/34 IPC, Police Station Sadabad, District Hathras.

2.

Present appeal has been filed under Section 372 Cr.P.C.

with an application to grant leave to appeal, which according

to the judgment of Hon’ble Apex Court is not required for the

purpose of filing appeal against acquittal by the victim under

Section 372 Cr.P.C.

3.

On 31.5.2017, as learned counsel for the appellant had

been elevated as Judge of this Court (since retired), notice

was issued to the appellant-Prithvi Singh through Chief

Judicial Magistrate, Hathra