Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 83534 (ALL)

RAKESH ALIAS MAJNU CHAUHAN v. STATE OF U.P. AND ANOTHER

CRLA/7056/2025 · 2025-08-11

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:136281 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7056 of 2025 Appellant :- Rakesh Alias Majnu Chauhan Respondent :- State of U.P. and Another Counsel for Appellant :- Ambrish Kumar,Mujiburrahman Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 2. The present criminal appeal has been filed against the Summoning Order dated 07.11.2022 in Sessions Case No.721 of 2022 (State Vs. Rakesh @ Majnu Chauhan) arising out of Case Crime No.269 of 2022, under Section 354, 504 I.P.C. and Section 3(2)(Va), 3(1)(W)(i) of SC/ST Act, Police Station- Dudhara, District- Sant Kabir Nagar, pending in the Court of Special Judge, SC/ST, Sant Kabir Nagar. 3. At the outset, learned AGA pointed out that the present appeal has been instituted after the expiry of 90 days from the date of receipt of the order. He relied upon the provision of Section 14(A)(3) of SC/ST Act, which reads as under: "Every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from." 4. Thus, it is evident from the record that the appeal has been filed beyond the statutory period. No application under Section 5 of the Limitation Act, 1963 seeking condonation of delay has been filed, nor has any explanation for the delay been furnished. 5. It has been held in catena of decisions that when a special statute prescribes a period of limitation, the same must be strictly adhered to and cannot be enlarged unless expressly provided. It has been reiterated that special limitation provisions override general provisions of the Limitation Act, unless saved by the statute. 6. In the present case, in absence of any application for condonation of delay and any explanation for the same, the appeal is clearly barred by limitation. 7. Accordingly, the Criminal Appeal stands dismissed as not maintainable. Order Date :- 12.8.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad