Court No. - 43 Case :- CRIMINAL APPEAL No. - 124 of 2010 Petitioner :- Mr. Chhedi Yadav Respondent :- State Of U.P. And Another Petitioner Counsel :- J.B. Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
In the revised list, none is present.
The question which croped up for consideration is as to whether against each
and every order, an appeal shall lie under the U.P. Gangster and Anti Social
Activities (Prevention) Act under Section 18 thereof or not. Reporting Section
was also oblivious of the said fact and, therefore has reported that the appeal
against the order dated 10.8.2009 is maintainable whereas limitation has been
calculated from the subsequent order rejecting the review dated 17.12.2009.
Phraseology of Section 18 of the Gangster Act has been couched in such a
language that interpretation can be done in both ways. However this fact
require judicial determination.
At the request of Sri Patanjali Mishra, learned AGA, who is instructed to
assist the Court, put up tomorrow i.e. 13.1.2010 for further argument.
Order Date :- 12.1.2010
AKG/-