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Neutral Citation No. - 2025:AHC:107085 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6356 of 2025 Petitioner :- Ashok Respondent :- State of U.P. and Another Counsel for Petitioner :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with the prayer to issue a direction under supervisory jurisdiction of this Hon'ble Court setting aside the impugned order dated 16.05.2025 passed by Additional Session Judge, Khurja, Bulandshahar in Criminal Misc. Case No. 13 of 2024 (Ashok Vs. State of U.P. and another) whereby the learned Revisional Court affirmed the order dated 25.07.2023 passed by learned Civil Judge / Judicial Magistrate Khurja, Bulandshahar in Complaint Case No. 223 of 2019 (Ashok Vs. Shaily Sharma). P.S. Pahasu, District Bulandshahar and further prayed to direct the court below to reconsider the application of 156(3) Cr.P.C. It has been submitted by learned counsel for the petitioner that the petitioner lodged a complaint against the respondent-accused wherein the respondent-accused who is a broker got managed and the loan of Rs. 4,33,000/- sanctioned for the petitioner. However, the said loan was transferred in the account of the respondent Shailu Sharma and he has not returned it till date. However, the learned trial court without considering the material on record had rejected the complaint of the petitioner u/s 203 Cr.P.C. Being aggrieved, the petitioner preferred the criminal revision which was filed on 02.07.2024 with a delay of about one year. The Revisional Court while considering the revision, along with the delay condonation application had not condoned the delay and had rejected the delay condonation application of the petitioner moved u/s 5 of the Limitation Act and the reason behind that is the petitioner went on his job and could not press the delay condonation application and the same was rejected. Considering the submissions made by learned counsel for the petitioner and the materials on record, it is hereby directed to the court concerned to reconsider the delay condonation application of the petitioner and condone the delay in the interest of justice and decide the criminal revision at the earliest. Accordingly, the present petition is disposed of.
Order Date :- 8.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad