Praveen And Another vs State Of U.P.
2022 Latest Caselaw 959 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 458 of 2013
 

 
Appellant :- Praveen And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Atul Kumar
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Samit Gopal,J.

Ref: Delay Condonation Application No. 303271 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 133 days.

Vide order dated 11.10.2013, 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 under Section 449 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed before this Court with the following prayers:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this appeal of the appellants and set aside the judgment/order dated 29.03.2013 passed by Special Judge (Gangster) ADJ Court No.5, Muzaffar Nagar in Criminal Misc. No. 30 of 2013 arising out of Special Case No. 70 of 2009 Under Section Gangster Act, Police Station Babri Distt. Muzaffar Nagar.

It is further prayed to drop the proceeding initiated under Section 446 Cr.P.C. against the appellants."

The case is of the year 2013. It appears that the matter by now has 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.

Order Date :- 8.4.2022

M. ARIF

(Samit Gopal, J.)