With due respect your applicant wants draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that if the Hon’ble Sir will take the perusal of page-1 page-2 page-3 of attached PDF ,then Hon’ble Sir will find that Enquiry Officer Vijay Shankar,assistant engineer ,minor irrigation was nominated on 31.05.2006 by D.M. Mirzapur but how A.C.J.M. first Mirzapur took the cognizance of case by considering the date of nomination of E.O. on 31.05.2007. When he is bound to deal with the evidences as it is. 2-It is submitted before the Hon’ble Sir that 2.1. The High Court could not have
shifted the burden of proof on the accused. According to the fundamental principles of the Evidence Act, it is for the prosecution to have proved its own case. The High Court was not justified in weaving out a different and new prosecution version. The Court is under the bounden duty and obligation to deal with the evidence as it
is. No improvement or rewriting of evidence is permissible.
2.2. On careful consideration of the entire evidence, the
documents on record and the reasoning given by the trial court for acquitting the accused and also the reasoning of the High Court for reversal of the judgment of acquittal, the view taken by the trial court is certainly a possible or plausible view. If the trial court’s view is possible or plausible, the High Court should not substitute the same by its own possible view. In the facts and circumstances of the instant case, the High Court in the impugned judgment was not justified in interfering with the well reasoned judgment and order of the trial court and the order of High Court is set aside. Hon’ble Sir please take a glance of following link for the judgement of Hon’ble Apex court-http://yogimpsingh.blogspot.com/2012/05/court-is-bound-to-deal-evidences-as-it.html 3-It is submitted before the Hon’ble Sir that Hon’ble Sir may take a glance of following links-http://yogimpsingh. blogspot.com/2013/05/eo-nominated-on-3152006-and-your_7.html http://yogimpsingh.blogspot.com/2013/08/why-honble-apex-court-is-mute-spectator.html This is humble request to you Hon’ble Sir to consider my submissions at the priority basis. For this your applicant shall ever pray you Hon’ble Sir.
Mohalla-Surekapuram , Jabalpur Road District-Mirzapur (U.P.) India