DURVIJAY SAHANI @ DURVIJAY v. STATE OF U.P. AND 3 OTHERS
CRLRD/1826/2023 · 2025-08-20
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65584 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65584 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 82 Case :- CRIMINAL REVISION DEFECTIVE No. - 1826 of 2023 Revisionist :- Durvijay Sahani @ Durvijay Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Dharm Jeet Singh,Hari Bans Singh Counsel for Opposite Party :- G.A.,Masoom Alam Hon'ble Sameer Jain,J.
Order on Delay Condonation Application
1. None present on behalf of O.P. No.2 even in revised call.
2. Heard Sri Hari Bans Singh, learned counsel for the revisionist and Sri Umesh Kumar, learned AGA for the State.
3. Learned counsel for the revisionist submitted that instant revision is beyond time by 952 days and delay in filing the instant revision has been duly explained by revisionist in the affidavit filed in support of the instant delay condonation application. He further submitted that due to Covid-19, applicant/revisionist suffered with financial crisis and, therefore, he could not file the instant revision in time, therefore, delay in filing the instant revision be condoned and his revision be heard on merit.
4. Learned AGA opposed the prayer for condonation of delay and submitted that instant revision is beyond time by about 2.5 years and ground taken in paragraph no. 4 of the instant delay condonation application appears to be vague and on such vague ground, such a huge delay should not be condoned.
5. I have heard both the parties and perused the record of the case.
6. The instant revision is beyond time by 952 days i.e. about 2.5 years and however, revisionist tried to explain the delay in paragraph no. 4 of the affidavit filed in support of the instant delay condonation application but ground taken by revisionist appears to be vague and this Court finds merit in the argument advanced by learned AGA that on such vague ground, delay of more than 2.5 years in filing the instant revision should not be condoned.
7. Accordingly, instant delay condonation application filed by revisionist is hereby dismissed.
Order on memo of revision
1. As delay condonation application filed by the revisionist has already been dismissed by this Court, therefore, the instant revision also stands dismissed as time barred.
Order Date :- 21.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad