Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88755 Court No. - 82 Case :- CRIMINAL REVISION DEFECTIVE No. - 926 of 2025 Revisionist :- Mahendra Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Yashwant Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J.
Order On Delay Condonation Application
1. This criminal revision is reported to be beyond time by 1431 days. 2. The revisionist has filed the application for condonation of delay in filing this criminal revision. 3. Sri Yashwant Pratap Singh, learned counsel appearing for the revisionist has submitted that the revisionist under wrong legal advice had challenged, the order dated 9.3.2021 passed by the Sub Divisional Magistrate Month, District Jhansi in the proceedings under Section 133 Cr.P.C., by filing Criminal Misc. Writ Petition No.1788 of 2023 which had been dismissed for non prosecution by this Court vide order dated 19.2.2024. He further submits that the delay in filing this criminal revision is neither deliberate nor intentional therefore, is liable to be condoned by this Court. 4. On the other hand, learned Additional Government Advocate appearing for the State has submitted that the Criminal Misc. Writ Petition No.1788 of 2023 was filed in the year 2023 and the revisionist, in the affidavit filed in support of the application for condonation of delay, has not given any explanation in respect of the delay for the period from 9.3.2021 till the date of filing of the said writ petition. He further submits that even the Criminal Misc. Writ Petition No.1788 of 2023 was dismissed for non prosecution on 19.2.2024 and this criminal revision has been filed on 8.5.2025 without giving any explanation in regard to the delay for the period from 19.2.2024 till 8.5.2025. 5. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the revisionist has not given any explanation, what to say of the proper day-to-day
explanation, in respect of the delay in filing of this criminal revision for the period from 9.3.2021 till the date of filing of the Criminal Misc. Writ Petition No.1788 of 2023. I further find that the Criminal Misc. Writ Petition No.1788 of 2023 had been dismissed for non prosecution by this Court on 19.2.2024 and this criminal revision had been filed on 8.5.2025 without giving any explanation in respect of the delay for the period from 19.2.2024 till 8.5.2025. 6.
This Court is of the view that normally the delay in filing criminal revisions is condoned by this Court taking the lenient view so that the substantial justice may be done but that does not mean that the revisionist is at liberty to file time barred criminal revision without giving proper explanation of the delay. 7. The revisionist in his application seeking condonation of delay, has filed an affidavit in which he has made no effort to explain the delay of 1431 days. 8. In view of the fact that the delay in filing this criminal revision has not been properly explained, this Court finds that this criminal revision is highly time barred. 9. Accordingly, the application for condonation of delay in filing this criminal revision is hereby rejected.
Order On Memo Of Revision
10. Since the application for condonation of delay in filing this criminal revision had been rejected accordingly, this criminal revision also stands dismissed.
Order Date :- 26.5.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad