Raj Kumar Singh vs State Of U.P. And 2 Others
2022 Latest Caselaw 6516 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 777 of 2015
 

 
Appellant :- Raj Kumar Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Rajesh Kumar Shukla
 
Counsel for Respondent :- G.A.,Mohd. Irfan
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Re: Criminal Misc. Delay Condonation Application No.385009 of 2015

List revised. No one is present to press this delay condonation application.

On 21.04.2022 following order was passed:-

"Matter taken up.

None present for the appellant.

Despite sufficient service of notice upon accused respondent nos. 2 and 3, neither they are 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."

From perusal of ordersheet we find that since 2016 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