Jitendra Mohan vs State Of U.P.And (2) Ors.
2018 Latest Caselaw 1923 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- CRIMINAL REVISION No. - 64 of 2001
 
Revisionist :- Jitendra Mohan
 
Opposite Party :- State Of U.P.And (2) Ors.
 
Counsel for Revisionist :- Manish Bajpai,D.R.Singh Yadav,Kr. Mridul Rakesh,L.M. Singh,Rishad Murtaza,S.M. Nasir
 
Counsel for Opposite Party :- Govt.Advocate,Mohd. Arif Khan,Mohiuddin Khan,Mrs.Madhulika Yadav,P.K. Jaisval,Ram Kumar Yadav,Smt.Pratima Srivastava
 

 
Hon'ble Rajesh Singh Chauhan,J.

Learned counsel for the revisionist, Sri Rishad Murtaza, has given his illness slip with the request that the matter be adjourned for today.

Learned counsel for the private opposite parties, Sri P.K. Jaiswal, has opposed this adjournment for the reason that for the last couple of dates the adjournment is being sought by the learned counsel for the revisionist for one reason or the other.

The order-sheet reveals that this revision has already been dismissed for default and for non-prosectuion vide order dated 15.09.2009 and its recall has been filed by the learned counsel for the revisionist on 29.06.2016.  The order-sheet further reveals that the said application i.e. the application for recall along with application for condonation of delay in filing the restoration application has not been disposed of till date.

Learned counsel for the opposite parties has submitted that on account of pendency of the aforesaid application, the learned court below is not proceeding, resultant thereof the opposite parties have been suffering a lot.

Since the revision has already been dismissed and the learned counsel for the revisionist is not arguing the matter for the last couple of dates for getting disposal of the aforesaid application, therefore, the learned court below should not stop the proceedings pending before it and the proceedings pending before the trial court should be continued, strictly in accordance with law.

On the request made on behalf of learned counsel for the revisionist, the case is adjourned for today.

List again in the week commencing 04.09.2018.

Order Date :- 9.8.2018

Suresh/

[Rajesh Singh Chauhan,J.]