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2025 DAILYLAW 156711 (ALL)

PAPPU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLRD/396/2025 · 2025-08-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46375 Court No. - 11 Case :- CRIMINAL REVISION DEFECTIVE No. - 396 of 2025 Revisionist :- Pappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Banwari Lal,Bhup Chandra Singh,Priyanka Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the revisionist and learned AGA for the State of U.P. as well as perused the record. The instant revision has been preferred alongwith an application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay of about 1139 days challenging the order dated 25.03.2022 passed by Judicial Magistrate II, Faizabad (in short "Magistrate") in Complaint No. 1826/16 (Nisha alias Sumitra Vs. Pappu), under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (Act of 2005). The operative portion of the order dated 25.03.2022 reads as under:- " पपरररनन कप पप० पत अततररत धपरप 23 घररलल हहतसप सर महहलपओत कप सतरकण अरधहनयम आतहशक रप सर सवनकपर हकयप जपतप हह। हवपकन, कक आदरहशत हकयप जपतप हह हक पपरररनन कक रगजपरपभतप हरतग 3000/- र० पहतमपह अततररम अनगतकष कर रप मम पदपन हकयप जपय। पतपवलन वपसतर अहगम आदरश हरतग हदनपतक 25.04.2022 कक परश हक।" To condone the delay of about 1139 days, following averments have been made in the affidavit filed in support of the application seeking condonation of delay:- "3.That it is pertinent to mention here that the present revisionist is an extremely poor and less educated person and due to his simple nature, less educated and being a labourer, he could not arrange money in time to file the present revision against the maintenance order dated 25.03.2022. Somehow he managed some fees of his advocate to file the present criminal revision. Under the above circumstances, the present criminal revision is being filed before this Hon'ble Court against the order dated 25.03.2022. 4. That the revisionist has not done anything intentionally in filing the present criminal revision before this Hon'ble Court but it happened due to ignorance of law, pitiable condition and unavoidable circumstances." To the view of this Court, the aforesaid averments made in the affidavit filed in support of the application seeking condonation of delay are completely misconceived. Thus, the application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay in filing the instant revision is accordingly rejected. Consequently, the instant revision is also dismissed. Order Date :- 8.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench