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2024 DAILYLAW 679 (UTT)

STATE OF UTTARAKHAND v. NITIN GOGIYA

SPLA/240/2024 · 2026-02-11

Ashish Naithani

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPLA No. 240 of 2024 With GA No. 150 of 2024 Hon’ble Ashish Naithani, J. Mr. Vipul Painuly, learned A.G.A. for the State/Appellant. 2. Mr. Bhupendra Singh Bora, learned counsel for Respondent No. 1. 3. There is no representation on behalf of the Respondent No. 2. 4. Heard on the Delay Condonation Application (IA No. 01 pf 2024). 5. There is a delay of 105 days. 6. For the reasons stated in the Application, the delay is well explained and is hereby condoned. Accordingly, the Delay Condonation Application is allowed. 7. Though service upon Respondent No. 2 is sufficient, there is no representation on behalf of Respondent No. 2. 8. The present Application has been filed by the State seeking Special Leave to Appeal against the impugned judgment and order dated 07.11.2023 passed by the learned 8th Additional Sessions Judge, Dehradun in Sessions Trial No. 137 of 2022, “State vs. Nitin Gogiya and Another”, under Sections 411 and 413 of the IPC, 1860. 9. Learned State Counsel submits that the present matter relates to the recovery of motorcycles allegedly recovered from the accused-Respondents. 10. As per the record, it is evident that the stolen articles, i.e., motorcycles, were recovered from the Respondents. However, this major aspect, which was proved beyond reasonable doubt before the learned Trial Court, was not considered, and therefore, at this stage, sufficient grounds are made out for the Appeal to be admitted. 11. Special Leave to Appeal is granted. 12. Admit. 13. Objections, if any, be filed by the Respondents. 14. The Trial Court’s record shall form part of the record. 15. The Registry is directed to prepare the paper book and supply the same to the learned counsel for the parties, as per Rules. 16. List this case on 16.03.2026. (Ashish Naithani, J.) 11.02.2026 Shiksha