Abhishek Srivastava vs State Thru. Cbi/Scb/ Lucknow
2023 Latest Caselaw 24014 ALL

Citation : 2023 Latest Caselaw 24014 ALL
Judgement Date : 4 September, 2023

Allahabad High Court

Abhishek Srivastava vs State Thru. Cbi/Scb/ Lucknow on 4 September, 2023

Bench: Subhash Vidyarthi





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58408
 
Court No. - 16
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4355 of 2023
 

 
Petitioner :- Abhishek Srivastava
 
Respondent :- State Thru. Cbi/Scb/ Lucknow
 
Counsel for Petitioner :- Pranjal Krishna
 
Counsel for Respondent :- Shiv P. Shukla
 

 
Hon'ble Subhash Vidyarthi,J.

1. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a direction for expeditious disposal of his bail application pending before the appellate court.

2. By means of the judgment and order dated 24.02.2023 passed by Special Judicial Magistrate, C.B.I., Lucknow in Criminal Case No.12687 of 2023 arising out of R.C. No.4(S)/2010/C.B.I./A.C.B./Lucknow, the petitioner has been convicted for committing offences under Sections 120B, 420, 467, 468, 471 IPC and he has been sentenced to undergo imprisonment for different periods for offences under the aforesaid sections, maximum being for 3 years along with payment of fine.

3. On 15.06.2023, the petitioner filed a belated criminal appeal under Section 374(3) Cr.P.C. against the aforesaid judgment and order dated 24.02.2023. As the appeal has been filed with a delay of 80 days, it has been registered as Criminal Misc. Case No.648 of 2023 and the Respondent-C.B.I. was granted time to file objections against the application for condonation of delay.

4. The C.B.I. has already filed objections on 11.07.2023 and on 21.08.2023 the matter has been transferred to the Court of Special Judge, C.B.I., Court No.1, Lucknow.

5. As the application for condonation of delay is still pending, the instant petition is disposed of with a direction to the Special Judge/C.B.I., Court No.1, Lucknow to decide the application for condonation of delay in Criminal Misc. Case No.648 of 2023, expeditiously, without granting any unnecessary adjournment to any of the parties and to proceed further in accordance with law.

(Subhash Vidyarthi, J.)

Order Date :- 4.9.2023

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