Suresh Gupta vs State Of U.P. And 4 Others
2022 Latest Caselaw 6103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 4 of 2020
 

 
Appellant :- Suresh Gupta
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Chandan Bhagat
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Order on Delay Condonation Application

Heard learned counsel for the appellant and perused the record.

The stamp reporter has reported that there is a delay of 1133 days in filing the present appeal. The delay has been explained in paragraph no. 2 of the affidavit filed in support of the delay condonation application which quoted as under:-

"2. That soon after the judgment of the trial court the son of the deponent appellant was missing and therefore the appellant started searching him and ultimately on 8.12.2019 the son of the appellant trace out and due to aforesaid reason the appellant was so disturb and only on 9.12.2019 the appellant contacted his local counsel who applied for certified copy on 9.12.2019 and it was ready on 12.12.2019 and given to the local counsel on 12.12.2019 who handed over to the appellant after getting the aforesaid impugned order, the appellant immediately came at Allahabad and contacted with present counsel thereafter the aforesaid appeal was prepared without causing further delay."

In the aforesaid paragraph the date on which the appellant's son got missing, has not been disclosed. However, at the time of argument, learned counsel for the appellant placed before this Court a copy of the F.I.R. being Case Crime No. 0535 dated 27.07.2016 which was registered on the basis of the order of the Court passed on the application filed u/s 156 (3) Cr.P.C. in Case No. 85 of 2016 which was registered on 08.06.2016.

We find that the impugned judgment herein is dated 26.05.2016 and therefore, clearly the application u/s 156 (3) Cr.P.C. was filed after the judgment, therefore, in our opinion the cause shown in paragraph no. 2 of the affidavit filed in support of the delay condonation application is not sufficient, such a huge delay of 1133+8 days in filing the present appeal is not sufficient. Even otherwise on perusal of the impugned judgment, we find that the informant Suresh who is father of the deceased and P.W.-2, who is mother of the deceased in their cross examination have admitted that her daughter was living happily in her matrimonial home and was in tension as she was suffering abortion consistently and allegation is that she had committed suicide.

In such view of the matter, we do not find any good ground to condone delay and as per the judgment of Hon'ble Apex Court the application for leave to appeal is not required, consequently, the appeal stands dismissed.

Order Date :- 6.7.2022

Nisha