MOHD. SHUAIB v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
/472/2025 · 2025-09-23
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164156 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 472 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the revisionist and learned AGA for the State of U.P. as well as perused the record. 2. The instant revision has been preferred alongwith an application (Crl. Misc. Application No. 3 of 2025) seeking condonation of delay of 4394 days in challenging the order dated 30.05.2013 passed by Additional Chief Judicial Magistrate, Court No. 02 Unnao in Case No. 97 of 2011 (Aishjahan Vs. Mohd. Shuaib), under Section 125 Cr.P.C.. 3. By means of the instant revision, the revisionist has also challenged the order dated 03.09.2025 passed by Principal Judge, Family Court, Unnao in Misc. Case No. 83 of 2025 (Mohd. Shuaib Vs. Smt. Aishjahan an Another), under Section 146(2) BNSS (Section 127 Cr.P.C. now repealed). 4. To condone the delay of 4394 days in challenging the order dated 30.05.2013, following averments have been made in the affidavit filed in support of the application seeking condonation of delay:-
".2. That on 30.05.2013 the impugned exparte judgement and order has been passed. 3. That the revisionist have filed the application under section 146 (2)/127 Cr. P.C. before the learned court below in year 2025 which was rejected on 03.09.2025. 4. That due to financial crisis as well due to being no knowledge about law and limitation the revisionist could not file the instant revision in time before this Hon'ble court. 5. That the delay in filing this criminal revision is not deliberate and Versus Counsel for Revisionist(s) : Brijendra Singh Counsel for Opposite Party(s) : G.A. Mohd. Shuaib .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s)
intentional but same is due to aforesaid reason and same is liable to be condoned by this Hon'ble court in the interest of justice, otherwise revisionist will suffer irreparable loss and injury which cannot be compensated in any manner and she will be deprived of justice and kindness from the Hon'ble court."
5. 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. 3 of 2025) seeking condonation of delay in filing the instant revision is accordingly rejected. Consequently, the instant revision is also dismissed. 6.
Let a copy of this order be sent to Additional Chief Judicial Magistrate, Court No. 02 Unnao and Principal Judge, Family Court, Unnao forthwith. September 23, 2025 Mohit Singh/- CRLRD No. 472 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench