RAMNARESH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS
C372/8/2025 · 2025-04-05
Ajai Kumar Srivastava I, Sangeeta Chandra
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 116133 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116133 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19041-DB Court No. - 9 Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 8 of 2025 Appellant :- Ramnaresh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Appellant :- Vijay Kumar Verma,Vinod Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the appellant, Dr. Ajai Pratap Singh, Advocate, who has filed power on behalf of the respondent nos.2 to 5, and Sri Umesh Verma, learned A.G.A. for the State Respondent.
2. This Appeal has been filed under Section 413 of the B.N.S.S. 2023 (Section 372 of the Cr.P.C.) against the judgement and
order dated 16.07.2024, passed by learned Additional Sessions Judge, Court No.12, Lucknow, in Sessions Trial No.952 of 2013
"State Vs. Ramvilas and others", arising out of Case Crime No.163 of 2012, under Sections 323/34 and 304/34 of the I.P.C., Police Station Mall, District Lucknow.
3. It has been pointed out by learned counsel for the respondent that the appellant has approached this Court as a victim claiming that the sentence that has been awarded on conviction under Section 323/34 and 304/34 of the I.P.C. is less and should be enhanced. The Appeal seeking enhancement of sentence is maintainable only on behalf of the State. The victim can approach this Court only against the order of acquittal, or an
order convicting the accused for a lesser offence or in case the compensation is not adequate.
4. Learned counsel for the appellant, at this stage, says that he may be permitted to withdraw this Appeal.
5. Accordingly, the Appeal is dismissed as withdrawn.
Order Date :- 5.4.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench