Dharmendra Singh And Another vs State Of U.P.
2022 Latest Caselaw 753 ALL

Citation : 2022 Latest Caselaw 753 ALL
Judgement Date : 7 April, 2022

Allahabad High Court

Dharmendra Singh And Another vs State Of U.P. on 7 April, 2022

Bench: Samit Gopal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 77 of 2013
 

 
Appellant :- Dharmendra Singh And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Ansar Ahmad
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Samit Gopal,J.

Ref: Delay Condonation Application No.61445 of 2013.

Matter taken up in the revised list. No one appears on behalf of the appellants to press this delay condonation application. Sri Ankit Srivastava, learned counsel for the State is present.

Heard Sri Ankit Srivastava, learned counsel for the State and perused the record.

This appeal is reported to be beyond time by 79 days.

Vide order dated 1.3.2013, learned A.G.A. was granted time to file counter affidavit in reply to the affidavit filed in support of delay condonation application.

No counter affidavit has been filed by the State till date.

I have perused the delay condonation application and the affidavit filed in support thereof. Cause shown is sufficient. The delay condonation application is allowed.

Delay in filing the appeal is condoned.

Office to allot regular number to this appeal.

Order on appeal.

This appeal is of year 2013. This Court, therefore, deems it fit to proceed in the matter on the basis of the record with the assistance of the learned State counsel.

The present appeal is being preferred by the appellants against the judgment and order dated 10.10.2012 passed by A.D.J. Auraiya in Crl. Misc. Case No.25 of 2009 (State Vs. Dharmendra), P.S. Dibiyapur, District Auraiya u/s 446 Cr.P.C. for recovery of Rs.20,000/- from each appellants.

The case is of the year 2013. It appears that the present appeal has become infructuous by efflux of time.

The appeal is thus dismissed as such.

Liberty is granted to the appellant to move an appropriate application, if cause survives.

Office is directed to communicate this order to the court concerned within a week from today.

(Samit Gopal, J.)

Order Date :- 7.4.2022

Gaurav