Binda Prasad vs Sahabdin S/O Sri Rajau
2023 Latest Caselaw 2322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- CRIMINAL REVISION DEFECTIVE No. - 235 of 2009
 
Revisionist :- Binda Prasad
 
Opposite Party :- Sahabdin S/O Sri Rajau
 
Counsel for Revisionist :- Avdhesh Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Renu Agarwal,J.

Case called out.

None is present from the side of the revisionist to press the application for condonation for delay, i.e., CMA No.46944/2009.

Application for condonation of delay is supported with the affidavit wherein it is stated that deponent is a rustic villager and after passing of judgment and order dated 03.9.2008 he took some time to understand the future course of action and to arrange resources to file revision against the order dated 03.9.2008. Learned counsel for the deponent asked for relevant documents on the basis of which revision could be filed. Thereafter, deponent arranged the relevant documents but he could not provide the same to his counsel in time due to his illness, therefore, the revision is filed with delay which is not deliberate.

Learned A.G.A. has opposed the application for condonation of delay.

It transpires from the record that the revision has been filed beyond time by five months and six days. It is stated that due to illness he could not contact with his counsel but no medical certificate is filed to the effect that he was ill during this period.

Deficiency of Court fees was also found which has not been made good.

It appears that revisionist has lost his interest in this revision.

Perused the judgment also. As per judgment of the Sessions Court the accused were acquitted of the charges under Section 302 read with section 34 and Section ? 3/5 of the Explosive substances Act as sufficient evidence was not found against the accused persons.

It is also mentioned in the judgment that this is the case based on circumstantial evidence and circumstances were not found proved by prosecution. Hence, accused were acquitted of the charges levelled against them.

In the circumstances when there is no proper medical document to prove the illness of deponent, no ground is made out to condone the delay in filing the instant revision.

In view of the above, application for condonation of delay i.e., CMA No.46944 of 2009 is liable to be rejected and is rejected as such.

Since the application for condonation of delay in filing the revision has been rejected, as a consequence thereof the present revision is also dismissed.

Record be sent to the court concerned.

Order Date :- 23.1.2023

mks