Manfer Yadav vs State Of U.P.
2023 Latest Caselaw 2362 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 475 of 2009
 

 
Revisionist :- Manfer Yadav
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Shatrughan Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Renu Agarwal,J.

None appears on behalf of the revisionist to press this revision.

Learned AGA for the State is present.

The application for condonation of delay in filing the present criminal revision alongwith affidavit on the ground that the judgment and order dated 17.03.2009 passed by the learned Additional Sessions Judge (F.T.C.), Court No.2, Ambedkar Nagar in Sessions Trial No.195 of 2007 (State Vs. Sita Ram and others), arising out of Case Crime No.257 of 2007, Police Station Jalalpur, District Ambedkar Nagar by which, he acquitted the accused persons/opposite parties no.2 to 4 from the charges levelled against them under Sections 498-A, 304B I.P.C. and Sections 3/4 Dowry Prohibition Act. The revisionist is a poor and less educated person and he had no knowledge that the impugned judgment and order should be challenged within 90 days' from the date of its passing, therefore, he could not file the same within prescribed time.

Learned A.G.A. has informed this Court that the State has filed an application u/s 378 Cr.P.C. No.199 of 2009 against the same order under Section 378(3) Cr.P.C., which was rejected on merits by the Division Bench of this Court on 12.02.2018 on the ground that according to the dying declaration given by the deceased on 21.12.2006 before Naib Tehsildar, Jalalpur that she has got burn injuries due to accident while she was working in kitchen.

In the aforesaid circumstances, the order of learned Additional Sessions Judge (F.T.C.), Court No.2, Ambedkar Nagar in Sessions Trial No.195 of 2007 (State Vs. Sita Ram and others), arising out of Case Crime No.257 of 2007, Police Station Jalalpur, District Ambedkar Nagar by which, he acquitted the accused persons/opposite parties no.2 to 4 from the charges levelled against them under Sections 498-A, 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, suffers no irregularity, illegality or miscarriage of justice, therefore, the same is liable to be confirmed, as none present today to sufficiently explain the delay in filing the present revision.

Accordingly, the application for condonation of delay in filing the present revision is hereby rejected as well as the revision is also dismissed.

Let a copy of this order alongwith lower court record, if any, be sent to the trial court concerned, forthwith, for necessary information and compliance.

(Renu Agarwal,J.)

Order Date :- 23.1.2023

Zafar