SARAFAT ALI (IN AADHAR SHARAFAT) v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
CRLR/613/2025 · 2025-05-30
Rajnish Kumar
body2025
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[ 2025 DAILYLAW 142505 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142505 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 11 Case :- CRIMINAL REVISION No. - 613 of 2025 Revisionist :- Sarafat Ali (In Aadhar Sharafat) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Revisionist :- Ajeet Kumar Singh,Dharmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard learned counsel for the revisionist and learned AGA. This revision has been filed challenging the order dated 30.04.2025 passed in Miscellaneous Criminal Case No. 714 of 2018; Sarafat Ali vs Smt. Ameerjahan and others by First Additional Principal Judge, Family Court, Hardoi.
Learned counsel for the revisionist submits that the ex-parte order under Section 125 Cr.P.C. was passed against the revisionist on 26.04.2018. He further submits that the revisionist moved an application under Section 126(2) Cr.P.C. along with an application for condonation of delay but the application for condonation of delay has been rejected merely on presumption, which could not have been done. Learned AGA opposed the submissions of learned counsel for the revisionist and submits that the application has rightly been rejected in accordance with law as no sufficient ground could be shown by the revisionist. I have considered the submissions of learned counsel for the parties and perused the records. It is apparent that the revisionist has only stated in the application for condonation of delay that he has not done the mistake unknowingly and whichever the mistake is on account of ignorance. Thus, the court below found that only after issuance of recovery warrant under Section 128 Cr.P.C., the application has been filed. This Court does not find any illegality or error in the impugned order passed by the court below, which may call for any interference by this Court. The revision is, accordingly, dismissed.
Order Date :- 30.5.2025/Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench