Satpal Yadav vs State Of U.P. And Another
2022 Latest Caselaw 6515 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 830 of 2015
 
Appellant :- Satpal Yadav
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Ram Bahadur Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Re: Criminal Misc. Delay Condonation Application No. 409638 of 2015

List revised.

On 21.04.2022 following order was passed:-

"Matter taken up.

None present for the appellant.

Despite sufficient service of notice upon accused respondent no. 2, neither he is present nor represented by any counsel.

Delay condonation application is still pending.

In the circumstances, an opportunity is being given to the learned counsel appearing for the appellant.

List this matter in the week commencing 11.07.2022.

It is made clear that if learned counsel appearing for the appellant will not appear on the next date fixed in the matter, the Court will proceed to decide the issue involved in the matter at this stage with the help of learned AGA."

Today again no one is present to press this delay condonation application.

Accordingly, delay condonation application stands rejected for want of prosecution.

Re: Appeal

Since in view of the judgment of Hon'ble Supreme Court in Mallikarjun Kodagali (Dead) Represented Through Legal Representatives Vs. State of Karnataka and others, 2019(2) SCC 752, leave to appeal application is not required and since the delay condonation application has been rejected, consequently, appeal also stands dismissed.

Order Date :- 11.7.2022/Nitendra