Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders

The Allahabad High Court has asked the Government of Uttar Pradesh to furnish the details of its policy/government order/circular governing the procedure for filing the government appeal against the order of acquittal.

The Bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav issued this order after it dealt (and dismissed) with two such government appeals on March 30, wherein it found that the prosecution could not bring any evidence before the trial court for conviction of the accused persons implicated in both the cases.

Significantly, dismissing both the Government appeals, the Court wondered as to under whose opinion/advice both the government appeals were filed in both the matters when the prosecution had no evidence against the accused persons. 

In view of this, the Court opined that the appeal against the acquittal should not be entertained in a mechanical manner and, moreover, the Court added, the appellant being State machinery, cannot act as a private litigant.

Further, when the Court put up a query made by the court, the Additional Government Advocate couldn't bring before the Court the opinion/advice of the competent person to file the government appeals in question.

Agaisnt this backdrop, he prayed for and was granted three days' time to bring before the Court the opinion given by the concerned/competent officer, if any, to file both the appeals in question.

"The relevant government orders/circular which governs the procedure for filing the government appeal against the order of acquittal shall also be placed before the court. On the said question only, let this matter be posted on 4.4.2022," the Court further ordered.

Pursuant to the Court's March 30 order, on April 5, i.e., today, the Additional Government Advocate stated before the Court that he may be granted further time to verify as to whether the Government Order dated April 15, 2012 is still subsisting or has been modified, varied or altered as the procedure of seeking the opinion of the Government Advocate, as laid down therein, is not being followed after 2018.

In view of this, the Court directed to put up the matter in the additional cause list on April 8, 2022.

Case title - State of U.P. v. Khannu S/O Chetan Mishra And Another

Click here to read/download order