Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83576 Court No. - 85 Case :- CRIMINAL REVISION No. - 2687 of 2024 Revisionist :- Dinesh Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Bhriguram Ji,Nilesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Kshitij Shailendra,J.
1. Heard Mr. Nilesh Kumar Dubey, learned counsel for the revisionist and learned A.G.A. for the State.
2. Learned counsel for the revisionist submits that since against the order impugned dated 07.03.2024, remedy of appeal under the U.P. Excise Act, 1910 is available, the revisionist may be permitted to withdraw the instant revision with liberty to file appeal before appropriate forum.
3. Learned counsel for the revisionist further submits that though the instant revision was filed within the prescribed period of limitation and request was made to the Court on various occasions permitting withdrawal of revision, no order could be passed and about one year has passed since when the revision was filed and, therefore, if the revisionist now approaches the appellate forum, the appeal shall be dismissed as barred by limitation. He, therefore, prays that some observation regrading condonation of delay may be made by this Court while permitting withdrawal of the revision.
4. Considering the fact that the instant revision was filed within time and, on account of huge pendency of revisions before this Court and non-taking up of the matter, prayer to withdraw the revision should be granted with liberty to file statutory appeal.
5. The revision is dismissed as withdrawn with liberty as prayed for.
6. It is observed that, in case, the appeal is filed by the revisionist within a period of three weeks from today before the appellate forum, the same shall be registered and shall be decided on merits within a period of next four months and shall not be dismissed on the ground of limitation.
7. Office is directed to return certified copy of order impugned to learned counsel for the revisionist after retaining photocopy thereof on record, within one week from today. Order Date :- 19.5.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad