State Of U.P. vs Isak Lal
2014 Latest Caselaw 9443 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- CRIMINAL REVISION No. - 1002 of 1990
 

 
Revisionist :- State Of U.P.
 
Opposite Party :- Isak Lal
 
Counsel for Revisionist :- A.G.A.
 
Counsel for Opposite Party :- S.V. Mishra,V.C. Mishra
 

 
Hon'ble Akhtar Husain Khan,J.

Learned A.G.A. appeared for revisionist. None appeared  for opposite party no.2 even after list was revised. 

Heard learned A.G.A. for revisionist and perused application moved under section 5 of Indian Limitation Act as well as affidavit filed alongwith application.

Impugned judgment and order has been passed on 26.3.1990  by IInd Additional Session Judge, Muzaffarnagar. It has been alleged in affidavit filed on behalf of revisionist State of U.P.  that District Judge, Muzaffarnagar sent a proposal  to file government appeal  and said proposal was received  in office of Judicial Section- 5 (Criminal) U.P. Secretariat, Lucknow on 28.6.1990, but record of Session Court, Muzaffarnagar was wanting. Therefore Additional Legal Remembrancer wrote a letter to District Magistrate, Muzaffarnagar by special messenger  on 29.6.1990 for record. Thereafter District Magistrate, Muzaffarnagar sent record of Session Court to the government on 30.6.1990 which was received in office of Joint Legal Remembrancer on 2.7.1990. Thereafter on 5.7.1990 Joint Legal Remembrancer opined  and forwarded record to  Legal Remembrancer  on 5.7.1990 before this Court. 

In view of fact disclosed above it is apparent that State has shown sufficient reason for delay in filing this revision. Therefore delay in filing revision should be condoned.

Application moved under section 5 of Indian Limitation Act  is allowed accordingly. Delay of revision is condoned.

List on 16.1.2015 for hearing on admission of revision.        

Order Date :- 2.12.2014

RU