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2025 DAILYLAW 3468 (UTT)

Vikesh Kumar Tyagi v. STATE OF UTTARAKHAND

C482/513/2015 · 2025-05-01

Alok Mahra

body2025

Judgment text

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2025:UHC:3371 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482/513/2015 Hon’ble Alok Mahra, J. Mr. Parikshit Saini, learned counsel for the applicant. 2. Mr. S. S. Chauhan, learned Deputy Advocate General along with Mr. Vikash Uniyal, learned B.H. for the State/respondent no.1. 3. Present C-482 Application has been filed with the prayer to quash the order dated 30.03.2015, passed by 1st Additional Sessions Judge, Hardiwar, in Criminal Revision No. 182 of 2014, Vikesh Kumar Tyagi vs. State of Uttarakhand and another, whereby the application under Section 5 of the Limitation Act filed by the applicant along with Revision has been dismissed. 4. The case of the applicant is that he was served with the summons on 01.08.2014, and thereafter, applied for certified copy and without any further delay, he preferred the Revision on 17.09.2014. This learned Coordinate Bench of this Court Hon’ble vide order dated 30.04.2015, kept the NBW issued against the applicant in abeyance. 5. Perusal of the order-sheet would reveal that counsel for the complainant has not put in appearance in the case and on the last occasion 2025:UHC:3371 also counsel for the complainant was not present. 6. Be that as it may, after perusal of the impugned order and the application filed by the applicant under Section 5 of the Limitation Act would reveal that there is no inordinate delay or laxity on the part of the applicant in preferring the above revision. On the grounds stated above, this Court is of the opinion that the grounds mentioned in the Delay Condonation Application are sufficient. Accordingly, the same is allowed. 7. In view of the above, present C-482 Petition is allowed. The order dated 30.03.2015 passed by learned Additional Sessions Judge, Haridwar in Criminal Revision No. 182 of 2014, Vikesh Kumar Tyagi vs. State of Uttarakhand and another is set aside. Learned Court concerned should hear the Criminal Revision on merit and decide the same, after affording opportunity of hearing to all the concerned parties. Taking into consideration the fact that the revision is of the year 2014, therefore, the revision would be heard expeditiously. (Alok Mahra, J.) 01.05.2025 Kaushal