CASE NO.:
Appeal (crl.) 449 of 2008
PETITIONER:
SANJAI AND ORS
RESPONDENT:
STATE OF U.P. AND ANR
DATE OF JUDGMENT: 03/03/2008
BENCH:
S.B. SINHA & V.S. SIRPURKAR
JUDGMENT
JUDGMENT
ORDER CRIMINAL APPEAL NO. 449 OF 2008 [Arising out of SLP(Crl.) No.2942/2007]
Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that as no charge-sheet has been filed as against appellant Nos. 2 to 4, the impugned judgment cannot be sustained which is set aside accordingly. The criminal miscellaneous application filed by the said appellants for quashing the proceedings in Case Crime No. 73/03, is allowed.
The appeal is disposed of with the aforementioned direction.