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2026 DAILYLAW 3307 (ALL)

TITU v. STATE OF U.P. AND 3 OTHERS

NC413/282/2026 · 2026-05-05

Devendra Singh I, Salil Kumar Rai

Criminal Appealbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL U/S 413 BNSS No. - 282 of 2026 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DEVENDRA SINGH-I, J. The present appeal has been filed against the judgement and order dated 19.03.2026 passed by the Additional Sessions Judge (POCSO Act), Court No. 3, Firozabad in Sessions Trial No. 412 of 2018 (State of U.P. Vs. Vikas @ Ulla and Others) arising out of Case Crime No. 761 of 2016, under Sections 307/34 and 504 I.P.C., Police Station- Sirsaganj, District-Firozabad whereby the trial court has acquitted the accused/opposite party Nos. 2 to 4. It transpires from the judgement of the trial court that the allegation of firing at the injured was made against one Vikas @ Ulla who died during the trial of the case. The allegation against the present accused/opposite party Nos. 2 to 4 was only regarding using abusive language and entering into altercation with the injured. It is noticeable that the first information report was lodged by the brother of the victim. It is also noted that the appeal has been filed by the first informant. The injured, i.e., the victim is still alive. In view of the aforesaid, the present appeal is not maintainable at the instance of the first informant who, in the present case, does not come within the definition of 'victim' having the right to file the present Versus Counsel for Appellant(s) : Amrit Shanker Dubey Counsel for Respondent(s) : G.A. Titu .....Appellant(s) State Of U.P. And 3 Others .....Respondent(s) appeal under Section 413 B.N.S.S. We have also taken note of the fact that the accused against whom the role of firing was alleged in the first information report and in the testimony of the injured has already died. For the aforesaid reasons, the appeal is dismissed. May 6, 2026 Anurag/- NC413 No. 282 of 2026 2 (Devendra Singh-I,J.) (Salil Kumar Rai,J.) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad