HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10885 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard Shri Shashank Tilhari, learned counsel for the applicant and Shri S.P. Tiwari, learned Additional Government Advocate appearing on behalf of the State- respondents. 2. The application under Section 528 B.N.S.S./Section 482 Cr.P.C. has been filed by the applicant challenging therein, the order dated 14.11.2025 passed by the learned Additional Sessions Judge, Court No. 9, Lucknow in Criminal Miscellaneous Case No. 4172 of 2025 (Ritesh Diwakar Vs. State of U.P. & Another), whereby the criminal revision filed by the applicant had been dismissed on the ground of delay. 3. Learned counsel appearing for the applicant has submitted that Opposite Party No. 2 has filed two cases bearing no. 53455/2022 and 4172/2025, under Section 138 of Negotiable Instruments Act. The proceedings of both the cases are running simultaneously. The subject matter is pertaining to condonation of delay in both the cases. 4. It has been further submitted that the order dated 14.11.2025, similar to the instant impugned order, passed in case bearing no. 53455/2022 which was challenged by the applicant and has been consequently set aside vide order dated 03.12.2025 by this Court in Application U/s 528 BNSS No. 2020 of 2025. 5. It has been further submitted that the facts of the instant case are identical to the case decided by this Court and the case of the applicant is also at par. The order dated 03.12.2025 passed by this Court in Application U/s 528 BNSS No. 2020 of 2025 is annexed as Annexure No.2 to the application. 6. Learned Additional Government Advocate appearing for the State could not dispute the aforesaid facts as stated by learned counsel for the applicant. 7. Considering the aforesaid submissions and after perusing the records, I find that the Versus Counsel for Applicant(s) : Shashank Tilhari, Om Prakash Nag Counsel for Opposite Party(s) : G.A. Ritesh Diwakar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) applicant is entitled for the benefit of the order passed in Application U/s 528 BNSS No. 2020 of 2025. Consequently, the benefit of order dated 03.12.2025 passed in Application U/s 528 BNSS No. 2020 of 2025 is also extended to the applicant. 8. Consequently, the impugned order dated 14.11.2025 is set aside and the matter is remanded to the learned Additional Sessions Judge, Court No. 9, Lucknow to consider and decide the application filed by the applicant seeking condonation of delay in filing the criminal revision, afresh, by passing a speaking and reasoned order. 9. The application is allowed in aforesaid terms. December 19, 2025 Mohit Singh/- A482 No. 10885 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench