Smt. Reshma vs State Of U.P. And Another
2022 Latest Caselaw 2391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 71
 

 
Case :- CRIMINAL MISC. APPLICATION DEFECTIVE U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 129 of 2012
 

 
Applicant :- Smt. Reshma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- V.P. Gupta
 
Counsel for Opposite Party :- Govt. Advocate,Sandeep Kumar Srivastava
 

 
Hon'ble Samit Gopal,J.

Order on Delay Condonation Application No.232981 of 2012.

Matter taken up in the revised list. No one appears either on behalf of the appellant or on behalf of opposite party no.2 to press this delay condonation application. Sri Sanjay Kumar Singh, learned counsel for the State is present.

This delay condonation application has been filed in aforesaid appeal which has been filed against the judgment and order dated 9.4.2012 passed by Additional Sessions Judge/Special Sessions Judge, J.P. Nagar in Criminal Appeal No.16 of 2011 (Mohd. Husain Vs. State of U.P.) by which the opposite party no.2 has been acquitted of the charges levelled against him under Sections 498-A IPC and Section 3/4 Dowry Prohibition Act.

The appeal is reported to be beyond time by 62 days.

On 9.9.2021 coordinate Bench of this Court passed the following order:-

"Learned A.G.A. for the State is present.

As per office report, notice issued against opposite party no.2 has been served personally. None has appeared on behalf of opposite party no.2 despite service.

None present on behalf of applicant to press the application under Section 5 of Limitation Act.

List in the week commencing 25.10.2021.

In case if none appears on behalf of appellant to press the application under Section 5 of Limitation Act, the same be dismissed for non prosecution on the date fixed."

Then on 2.2.2022 when the matter was listed, the functioning of the Court was through virtual mode and except of learned A.G.A, none of the counsel for the parties had appeared. Today also there is no representation on behalf of either of the parties except learned A.G.A.

Looking to the order dated 9.9.2021, the present delay condonation application is dismissed for want of prosecution.

Order on appeal:-

Since the delay condonation application has been dismissed for want of prosecution, the appeal be consigned to records.

Office is directed to communicate this order within two weeks from today to the court concerned for information and follow-up action.

(Samit Gopal, J.)

Order Date :- 9.5.2022

Gaurav