Dilshad Ahmad vs State Of U.P. And Another
2022 Latest Caselaw 755 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 298 of 2013
 

 
Appellant :- Dilshad Ahmad
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Dinesh Kumar Misra
 
Counsel for Respondent :- Govt. Advocate,Sunil Singh
 

 
Hon'ble Samit Gopal,J.

Ref: Delay Condonation Application No.192243 of 2013.

Matter taken up in the revised list. No one appears neither on behalf of the appellant nor on behalf of the opposite party no.2 even when the matter has been taken up in the revised list.

Heard Sri Ankit Srivastava, learned counsel for the State is present.

The appeal is reported to be beyond time by 80 days.

There is delay condonation application which is supported by an affidavit.

I have perused the said delay condonation application supported by an affidavit.

The cause shown is sufficient. Delay condonation application is allowed.

The delay in filing of the appeal is condoned.

Order on appeal.

The present Criminal Appeal (Defective) is of the 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 Criminal Appeal is being preferred by the appellant against the judgment and order dated 19.02.2013 passed by Principal Judge, Family Court, Agra in Case No.151 of 2010 (Dilshad Vs. Smt. Kishwar) under Section 340 Cr.P.C., Police Station Tajganj, District Agra by which application 4-B under Section 340 Cr.P.C. has been rejected.

The case is of the year 2013. The matter by now may have become infructuous by efflux of time.

The appeal is thus dismissed as infructuous.

If cause survives, the appellants may file appropriate application in the matter.

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