Ajay Kumar Singh vs State Of U.P. Thru. Prin. Secy. /Addl. ...
2024 Latest Caselaw 21473 ALL

Allahabad High Court

Ajay Kumar Singh vs State Of U.P. Thru. Prin. Secy. /Addl. ... on 1 July, 2024

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:44744
 
Court No. - 11
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 233 of 2024
 

 
Revisionist :- Ajay Kumar Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko.
 
Counsel for Revisionist :- Mahendra Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abdul Moin,J.
 

C.M.Application No. 01 of 2024

1. This application seeks condonation of delay in filling the criminal revision.

2. Reported delay is of five days in filing the instant revision.

2. Heard learned counsel for the applicant.

3. Cause shown in the affidavit filed in support of the application is sufficient to condone the delay in filing the criminal revision.

4. The application is allowed and delay is condoned.

Order on memo of revision

Instant revision has been filed against the order dated 11.03.2024 passed by the learned Additional Chief Judicial Magistrate-II, Court No. 26, Lucknow in Case No. 83413/2022 Inre; State Vs. Gaurav Singh @ Monu Singh and Ors arising out of Case Crime No. 316/2020 under Section 406, 420 I.P.C Police Station- Vibhuti Khand District- Lucknow.

The contention is that this Court in an application under Section 482 No. 9642 of 2023 Inre; Ajay Kumar Singh Vs. State of U.P and Ors vide judgment and order dated 05.10.2023, a copy of which is annexure 9 to the revision had provided that in case the applicant moves his discharge application through counsel within six weeks then such an application shall be heard and decided expeditiously.

Contention is that although the said discharge application was filed before the learned Court below yet on account of circumstances which were beyond the control for the revisionist he could not appear with the result that the said application for discharge has been rejected on the ground that nobody has put in appearance to press the same.

Contention is that the revisionist is willing to appear before the learned Court below on any date that may be fixed by this Court and he would be pressing with the application for discharge and prays that the learned Court below may decide the discharge application in accordance with law.

To the aforesaid prayer, learned AGA has no objection.

Accordingly, considering that the discharge application which was required to be filed by the revisionist in terms of the directions issued by this Court vide judgment and order dated 05.10.2023 was in fact filed by the revisionist but the same has been rejected on the ground that the revisionist has not put the appearance which non appearance has been indicated to be on account of learned counsel having not appeared as such, the order dated 11.03.2024 passed by the learned Court below in Case No. 83413 of 2022 Inre; State Vs. Gaurav Singh @ Monu Singh and Ors is set aside.

The revisionist shall appear before the Court concerned on 10.07.2024 and the Court concerned shall hear and decide the said application on merits on the said date or within next three weeks in accordance with law. It is further provided that in case the revisionist fails to appear on the said date then the application shall stand rejected.

Order Date :- 1.7.2024

Pachhere/-