Properly Scrutinize Cases Before Deciding To File An Appeal, Refrain From Doing So When No Error Exists: Allahabad HC Directs UP Govt.

first_imgNews UpdatesProperly Scrutinize Cases Before Deciding To File An Appeal, Refrain From Doing So When No Error Exists: Allahabad HC Directs UP Govt. Sparsh Upadhyay18 April 2021 9:36 PMShare This – xThe Allahabad High Court recently directed the State Government to we direct the State Government to make proper scrutiny of the cases before taking a decision for filing an appeal “Otherwise, it causes an unnecessary burden on the Courts as well as on the office of the Government Advocate”, added the Court. Dealing with a case, wherein no error in the impugned order was shown…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court recently directed the State Government to we direct the State Government to make proper scrutiny of the cases before taking a decision for filing an appeal “Otherwise, it causes an unnecessary burden on the Courts as well as on the office of the Government Advocate”, added the Court. Dealing with a case, wherein no error in the impugned order was shown which could have justified the filing of the appeal, the Bench of Justice Munishwar Nath Bhandari and Justice Shamim Ahmed directed, “The State Government should refrain themselves to file appeal in a case where no error exists.” The matter before the Court A State appeal was filed against the judgment dated 20th November 2020 passed by the Additional Sessions Judge, Jhansi acquitting the accused from the offence under Section 302 read with Section 34, 380 IPC. On registration of the FIR for the offence under Section 302/34, 380 IPC, and 4/25 Arms Act, the investigation was conducted followed by a charge sheet. After framing of the charges, trial commenced. The allegation in the FIR was that on 12th February 2009 at about 7:00 p.m. when informant Smt. Meera returned to her house, the door was found open and her husband Dhani Ram was lying on the floor. He was in the pool of blood. Two mobile phones of her husband were found missing. After the investigation, the charge sheet was filed and after framing of the charges, the prosecution produced 13 witnesses and 20 documents to prove their case. However, the trial court did not find evidence to prove the case beyond doubt and accordingly acquitted the accused and the AGA admitted before the Court that the main witnesses turned hostile and the trial court found that the prosecution had failed to prove motive for the occurrence. Court’s observations The Court noted that the trial court had considered the statement of PW-1 Meera, informant of the occurrence who was not an eye witness. She just reported about missing of mobile phones to make out an offence under Section 380 IPC also. The Court also noted that it was admitted by her that no occurrence of theft had taken place otherwise because the almirah was found intact and she could not support the prosecution case. The Court also noted that many witnesses had turned hostile and the statement of PW-11 Rakesh Kumar Pandey had also been considered by the court below, who had admitted that as per the statement of the witnesses, the deceased had committed suicide. Lastly, the Court noted, “The learned AGA could not refer to any evidence which may prove the case beyond doubt and accordingly, we do not find any reason for interference in the judgment passed by the learned trial court acquitting the accused for the offence under Section 302/34 and 380 IPC.” With this, the appeal was accordingly dismissed. Significantly, in another matter (decided on March 2) wherein accused was acquitted for the offence under Section 302/34 and 201 I.P.C. and the state had preferred an appeal before the Court, the High Court while dismissing the appeal had remarked, “The State Government is directed to remain careful in filing the appeal. It should be filed only in those cases where despite sufficient evidence to prove the case beyond doubt, the Court has acquitted the accused or has not convicted him/them for the offence for which the case is made out.” The Court had also remarked, “The appeal should be filed after proper scrutiny of the case and not in a casual manner, as has been done in this case. It unnecessarily creates a burden on the Court so as on the State without any justified reason.”Case title – State of U.P. Vs. Gurucharan Alias Sani Sardare And Another [GOVERNMENT APPEAL No. – 87 of 2021]Click Here To Download OrderRead OrderNext Storylast_img read more

Italians buy open procurement

first_imgAS PART of a three-year strategic plan announced last year, Chief Executive of Italian State Railways Giancarlo Cimoli is planning to change the way FS treats its suppliers. Head of procurement Mauro Moretti says standard contracts will be agreed, and the fragmentary approach to purchase of spares will give way to block orders. FS will move towards simple and standardised components, including bogies and air-conditioning, and new components will be expected to perform more reliably and last longer.All this should help push costs down. Judging by a tale of screws now costing 12lire instead of 1200lire, drastic savings are in prospect. FS says it is committed to take the best offer on the international market – a move partly forced on it by falling government support and partly by EU rules. Moretti rightly believes that trains should be delivered in a condition that allows them to haul commercial traffic and not have to undergo numerous modifications after they have entered service. In return, he promises a more open procurement procedure, with ’clarity’ in contracts and tenders, which will be published in good time in the EU Official Journal. FS will now adopt the European standard for payment of 30 to 60 days instead of anything up to six months.Just how this will be received by Italian industry, unions and other parties is far from clear, but Cimoli wants costs down by 30% in three years. His strategic plan will see FS pull out of non-core activities, with 10000 jobs disappearing. FS staff will get standard contracts, and around 10% of local passenger services may be withdrawn. Better productivity will save 2500bnlire, and other cost reductions a further 2500bnlire.Eight out of nine coaches of an ETR460 Pendolino set derailed on January 12 as it approached Piacenza on a curve at around 160 km/h. The Milano – Roma Botticelli was carrying about 200 passengers, three of whom were killed, along with both drivers, two members of the Italian railway police and a stewardess; all were travelling in the leading car. The speed limit for Pendolino trains on the curve was 105 km/h. olast_img read more