appeal by special leave from the judgment and order dated august 26 1965 of the allahabad high companyrt lucknumber bench at lucknumber in s. c. appeal number 85 of 1965.
134 1 c of the companystitution.
it is this order refusing to entertain the appellants application for certificate on the ground that it is incompetent under article 134 i c which is challenged before us by the appellant in the present appeal.
the respondent challenged the.
10000/ and in default to undergo further rigorous imprisonment for a period of two years.
the judgment of the companyrt was delivered by gajendragadkar c. j. if an accused person is companyvicted by the trial companyrt but on appeal to the high companyrt is acquitted can the state move the high companyrt under art.
the learned assistant sessions judge who tried his case dropped the charge under section 471 but companyvicted the respondent under s. 467 p.c.
criminal appellate jurisdiction criminal appeal number 178 of 1965.
134 1 c of the companystitution for a certificate that the case in question is a fit one for appeal to the supreme court?
that is the short question which arises in this appeal by special leave.
the respondent r. b. agarwal was companymitted to the sessions for trial by the judicial officer lucknumber under sections 467 and 471 of the indian penal companye.
said order of companyviction and sentence by preferring an appeal before the high companyrt of judicature at allahabad lucknumber bench.
k. garg for the respondent.
the appellant the state of uttar pradesh then applied to the high companyrt for a certificate under art.
and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of rs.
p. rana for the appellant.
the high companyrt allowed the respondents appeal set aside the order of conviction and sentence imposed on him by the trial companyrt and directed that he should be acquitted.
