Nindlesh vs State of U.P. and Others

Servesh Kumar Gupta, J.—The case has been called out in the revised call. It is a private appeal filed in the High Court of Judicature at Allahabad by Nindlesh W/o Mukesh Singh Chauhan against judgment and order dated 18.08.1998 passed by Civil Judge (J.D.)/J.M., Haridwar, whereby Sri Mukesh Singh Chauhan (husband), Isham Singh Rana (father-in-law), Smt. Kailasho (mother-in-law), Mange Ram (brother-in-law), Smt. Neelam (sister-in-law) were acquitted for the offence u/s 498A Indian Penal Code.

After receiving this appeal from Allahabad High Court, this was numbered 63/08 denovo.

Notice was sent to the Appellant, wherein it has been reported that she is not residing at the address mentioned in the memo of appeal. Besides, the lower court record was also summoned. It has been reported that the said record of case pertaining to Criminal appeal No. 505 of 1997 has been weeded out in the record room of District court, Saharanpur (U.P.).

In the above circumstances, the evidence adduced in the lower court cannot be re-appreciated. Hence, this appeal is dismissed.