HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 129 of 2013 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri V.D. Ojha, learned AGA for the State-Appellant is present. 3. This appeal has been filed against the judgement and order of acquittal of the accused-respondent Dinesh, Sudami, Nirmala and Bimla dated 12.12.2012 passed by Judicial Magistrate, Azamgarh in Case No.5332 of 2011 under Sections 323, 504 IPC. 4. Initially the appeal was filed with a delay of two days which was condoned vide order dated 19.3.2013. The next objection raised by the office was that the certified copy of the judgement and order dated 12.12.2012 has not been filed. The paper book goes to show that photocopy of the same has been filed which is from page 13 to 17. This Court thus proceeds to hear the matter on the question of admission. 5. The prosecution case is of assault by the accused persons on P.W.1 Shyamrathi, P.W.2 Shree Niwas, P.W.3 Ram Keval. The alleged injuries received by the said witnesses were opined by Dr. Sarvesh Kumar (P.W.4) to be simple in nature. In so far as the prosecution version is concerned, the trial court has come to a conclusion that there has been serious contradictions in the statements of the witnesses, in so far as the incident and assault is concerned. There is no recovery from the accused persons of any incriminating material. The incident in the present matter is of 7.7.1994 and thus about 31 years have passed and the appeal is still being listed for admission. 6. The view taken by the trial court is a probable view. No ground for interference is made out. The present Government Appeal is Versus Counsel for Appellant(s) : G.A. Counsel for Respondent(s) : State of U.P. .....Appellant(s) Dinesh And Others .....Respondent(s) accordingly dismissed. 7. The appeal be consigned to records. 8. Office is directed to communicate this order within two weeks from today to the court concerned for information and follow-up action. September 23, 2025 Gaurav Kuls GOVAD No. 129 of 2013 2 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad