SATENDRA KUMAR @ CHOCHE AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLRD/1840/2023 · 2025-07-14
Sameer Jain
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 65738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65738 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:113978 Court No. - 82 Case :- CRIMINAL REVISION DEFECTIVE No. - 1840 of 2023 Revisionist :- Satendra Kumar @ Choche And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Bhaiya Lal Yadav,Kapil Dev Yadav Counsel for Opposite Party :- G.A.,Jyoti Prakash,R.P. Mishra Hon'ble Sameer Jain,J.
Order on Delay Condonation Application
1. Heard Sri B.L. Yadav, learned counsel for the revisionists, Sri R.P. Mishra, learned counsel for O.P. No.2 and Sri Santosh Pandey, learned brief holder for the State.
2. Learned counsel for the revisionists submitted that the instant revision is beyond time by 286 days but delay in filing the instant revision has been duly explained in the affidavit filed in support of delay condonation application. He further submitted that as revisionists are poor, therefore, they could not file the revision in time, therefore, delay condonation application filed by the revisionists should be allowed and instant revision should be heard on merit.
3. Learned AGA as well as learned counsel for O.P. No.2 opposed the prayer for condonation of delay and submitted that delay condonation application filed by revisionists is based on vague ground and on such vague ground, delay in filing the instant revision should not be condoned, therefore, delay condonation application should be dismissed.
4. I have heard both the parties and perused the record of the case.
5. The instant revision is beyond time by 286 days and however, along with the instant revision, revisionists filed delay condonation application but in the affidavit filed in support of the delay condonation application, they took only single ground that revisionists are poor and in the affidavit they did not disclose, what work they do. Considering this fact, this Court finds merit in the argument advanced by learned AGA as well as learned counsel
for O.P. No.2 that delay condonation filed by the revisionist is based on vague ground and in view of this Court, on the basis of such vague ground delay of 286 days in filing the instant revision should not be condoned.
6. Accordingly, the delay condonation application filed by the 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 :- 15.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad