Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 125509 (ALL)

PRABHAT KUMAR PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

SPLAD/83/2025 · 2025-03-06

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW Neutral Citation No. - 2025:AHC-LKO:13656-DB RESERVED Judgment Reserved on: 04.03.2025 Judgment Delivered on: 06.03.2025 Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 83 of 2025 Appellant :- Prabhat Kumar Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Appellant :- Ripu Daman Shahi,Chhaya Tripathi Counsel for Respondent :- C.S.C. Hon’ble Attau Rahman Masoodi J. Hon’ble Subhash Vidyarthi J. C.M. Application No.1 of 2025 (Application for Condonation of Delay in filing the Special Appeal): 1. Heard Sri Ripu Daman Shahi and Ms. Chhaya Tripathi, the learned counsel for the appellant, Sri Prafulla Yadav, the learned Standing Counsel appearing on behalf of the State-opposite parties and perused the records. 2. The instant intra-Court Appeal filed by the State is delayed by 13 days as on the date of filing i.e. 19.02.2025. 3. The appeal is accompanied with an application seeking condonation of delay supported by an affidavit. In the affidavit filed in support of the delay condonation application, we find that just and plausible reasons have been disclosed by the applicant-appellant seeking condonation of delay. 4. In absence of any objection and the explanation offered being bona fide, the application for condonation of delay is allowed and the delay in filing the appeal is hereby condoned. 5. Let the Special Appeal be assigned a regular number. p. 1 Order on Leave to Appeal: 6. By means of this instant intra Court appeal filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 the appellant have challenged the validity of a judgment and order dated 08.01.2025, passed by an Hon’ble Single Judge Bench of this Court in Writ-A No.4610 of 2024: Ravi Kumar Shukla and others Vs. State of U.P. and others, which was decided along with Writ-A No.7284 of 2024: Prabhat Kumar Pandey Vs. State of U.P. and others. 7. The Special Appeal Defective No.74 of 2025, which arose out of the same judgment and order, which is impugned herein this appeal, has been dismissed by means of an order passed today i.e. 06.03.2025 in that special appeal. The points involved in the instant appeal are the same as those involved in Special Appeal Defective No.74 of 2025. 8. Accordingly, the instant intra court appeal is also dismissed keeping in view the discussions and observations made in Special Appeal Defective No.74 of 2025. Let a copy of order dated 06.03.2025, passed in Special Appeal Defective No.74 of 2025 be kept in the records of this appeal. [Subhash Vidyarthi J.] [A. R. Masoodi J.] Order Date: 06.03.2025 Ram. p. 2 Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench