ORDER : Delay condoned. 2. Leave granted. 3. Heard learned counsel Mr. V.K. Shukla, AAG on behalf of the appellant. He states that the correctness of the finding recorded on the charge by the Trial Court and affirmed the judgment of acquittal of the accused by passing the judgment by the High Court in Govt. Appeal No. 2682 of 2015 is erroneous and therefore he had prayed for setting aside the impugned judgment urging various grounds. 4. Without going into merits of the case, we have gone through the correctness of the judgment of the Trial Court with reference to evidence on record to find out correctness of the finding recorded on the charge by it, we are satisfied that the Trial Court, after appreciating the evidence on record properly, has recorded the finding of fact on the charge and held that respondents are not found to be guilty of the charge. 5. However, we would like to make an observation in this order that the High Court, in exercise of its appellate jurisdiction, was required to apply its mind and pass appropriate order on merits in accordance with law. 6. In the normal course this Court ought to have set aside the judgment and order passed by the High Court and the matter could have remanded back to the High Court for fresh consideration on merits and dispose of the appeal filed by the State Government in accordance with law. Since, we are satisfied that there is no evidence on record for conviction of the accused, further we have carefully gone through the correctness of the finding recorded on the charge in the judgment of the Trial Court, we are of the view that the Trial Court, on proper appreciation of evidence on record, has come to the correct conclusion and held that the accused persons are not guilty of the charge. Therefore we are not inclined to interfere with the impugned judgment and there is no need for this Court to set aside the same and remand the case to the High Court for its reconsideration. 7.
Therefore we are not inclined to interfere with the impugned judgment and there is no need for this Court to set aside the same and remand the case to the High Court for its reconsideration. 7. However, we are inclined to make observation that the High Court, while examining the appeal filed against the finding of acquittal of the accused on the charge framed against them, learned Division Bench was required to consider the case on merits and pass a reasoned order that is not done in this case and therefore we direct the Registry to send the copy of this order to bring it to the notice of the High Court of Judicature at Allahabad. 8. For the reasons stated supra, we do not find any reason to interfere with the impugned judgment. Hence the appeal is disposed of. Order accordingly.