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2025 DAILYLAW 142345 (ALL)

AWADH KUMAR v. STATE OF U.P and ANOTHER

CRLAD/1493/2017 · 2025-07-17

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41066 Court No. - 13 Case :- CRIMINAL APPEAL DEFECTIVE No. - 1493 of 2017 Appellant :- Awadh Kumar Respondent :- State Of U.P And Another Counsel for Appellant :- Manish Pandey,Devesh Agnihotri Counsel for Respondent :- Govt. Advocate Hon'ble Saurabh Lavania,J. C.M.A. No.90212 of 2017 (Application for Condonation of Delay) 1. Considering the averments made in the affidavit filed in support of application, under consideration, and the fact that the same has not been opposed, this Court is of the view that the application is liable to be allowed. 2. Accordingly, the application is allowed. The delay in filing the appeal is condoned. Order on Appeal 3. Case called out in revised list. 4. No one has put in appearance on behalf of the appellant to press this appeal (in short "Bail Appeal") filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989, challenging the order dated 24.03.2017 whereby the bail application of the appellant has been rejected. 5. It appears that the appellant and the counsel engaged by him have lost the interest in the case and are not interested in pursuing the appeal, which is pending since 2017. 6. It would be appropriate to refer two maxims:- (i) Vigilantibus non dormientibus jura subveniunt (The law assists only those who are vigilant, and not those who sleep over their rights); and (ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the litigation must come to an end). 7. The above said two maxims are sister provisions, which would highlight and spotlight that the party seeking remedy before the Court should be vigilant, otherwise, the law would not come to their help and there should be end to litigation. 8. Considering the aforesaid, this Court feels that the appeal should not be disposed of on merits and should be dismissed for non- prosecution. Accordingly, it is dismissed for non-prosecution. Order Date :- 17.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench