Sunita vs State Of U.P.
2013 Latest Caselaw 977 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 136 of 2012
 

 
Petitioner :- Sunita
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ajatshatru Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Criminal Misc. Delay Condonation Application No. 87977 of 2012

This delay condonation application has been filed by appellant-Sunita.  Her appeal is beyond time by 64 days.  Applicant-appellant Sunita Mishra has been convicted by Ist Additional District Judge, Court No. 12, Allahabad vide judgment and order dated 17.11.2011 rendered in ST No. 428 of 2002 relating to Crime No. 208 of 1997 (State vs. Sunita).

By the impugned judgment of the learned trial judge has also convicted another accused Rajesh Yadav for the same offence under Section 302/34 I.P.C. and as sentenced him to lift imprisonment like the present appellant.

Rajesh Yadav has also preferred a criminal appeal challenging the said impugned judgment being Appeal No. 6726 of 2011.  Appeal by Rajesh Yadav has already been admitted.  Since we have to scan the impugned judgment and the trial court record, we considered appropriate condoned the delay of 64 days by appellant-applicant in filing this appeal.

The delay condonation application is allowed accordingly.  Delay in filing the appeal is hereby condoned.

Order Date :- 16.4.2013

Priyanka

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Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 136 of 2012

Petitioner :- Sunita

Respondent :- State Of U.P.

Petitioner Counsel :- Ajatshatru Pandey

Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Admit.

Trial court record has already been received.  Office is directed to allot the regular number to this appeal.

Learned AGA as well as counsel for the informant may file an objection on the bail prayer of the appellant within a weeks' time.

List this case after expiry of the aforesaid period in the next cause list.

Order Date :- 16.4.2013

Priyanka