Anwar Hussain

                                                           Vs

                                       State of Uttar Pradesh and Another

                                        Criminal Appeal No. 167 of 1981

                                             (D.A. Desai, A.P. Sen JJ)

                                                      13.02.1981

                                                     JUDGMENT

DESAI J. ­

It is admitted that in the appeal against acquittal of present appellant, Anwar Hussain, filed by the
State of U.P., no notice was served upon him and his acquittal was set aside by the High Court at his
back and without hearing him. This is clearly impermissible. Accordingly the appeal is allowed and
the matter is remitted to the High Court to dispose of the State appeal filed in High court in
accordance with law after notice to the present appellant.

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