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2025 DAILYLAW 168174 (ALL)

PRADEEP YADAV @ PRADEEP KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

CRLRD/505/2025 · 2025-09-26

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 505 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. 1 of 2025) seeking condonation of delay of 500 days in challenging the order dated 13.02.2024 passed by Additional Principal Judge Family Court -II (in short "Family Court") in Criminal Misc. Case No. 88 of 2019 (Smt. Meera alias Shalbi Ydada and Another Vs. Pradeep Yadav, under Section 125 Cr.P.C.. 3. To condone the delay of 500 days in challenging the impugned order, following averments have been made in the affidavit filed in support of the application seeking condonation of delay:- "5. That the revisionist is a contractual employee and getting Rs. 10,000/- per month and when the revisionist came to know about the impugned order dated 13.02.2024, he became sad and is trying to arrange the money for payment but due to small income, could not arrange. 6. That now the execution proceeding has been initiated against the revisionist and recovery warrant has been issued on 07.05.2025 then the revisionist clearly understood that his wife and daughter will not corne back and having no way to settle their dispute, is filing the present revision. Versus Counsel for Revisionist(s) : Amar Nath Dubey, Ankit Dubey Counsel for Opposite Party(s) : G.A. Pradeep Yadav @ Pradeep Kumar Yadav .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) 7. That the deponent is a village person, who does not know the practice and procedure of this Hon'ble Court and the statutory period for moving the instant criminal revision. 8. That revisionist having no knowledge about the law of limitation in filing criminal revision due to this delay caused in moving revision is liable to be condoned. 9. That the deponent as per advice of his counsel, is filing the present criminal revision without any further delay." 4. 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. 5. Let a copy of this order be sent to the Family Court forthwith. September 26, 2025 Mohit Singh/- CRLRD No. 505 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench