Allahabad High Court
Culver Max Enterainment Pvt Ltd Through ... vs State Of U.P. And Another on 16 May, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88769
Court No. - 77
Case :- CRIMINAL REVISION No. - 2495 of 2024
Revisionist :- Culver Max Enterainment Pvt Ltd Through Naresh Kumar Chahal
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Varun Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. G.S. Chaturvedi, the learned Senior Counsel assisted by Mr. Varun Singh, the learned counsel for revisionist and the learned A.G.A. for State-opposite party-1.
2. Perused the record.
3. Challenge in this criminal revision is to the order dated 18.04.2024 passed by Additional District Judge, Court No.-9, Ghaziabad in Criminal Misc. Case No. 612 of 2023 (Pramod Tyagi Vs. State of U.P. and Others), whereby the application under Section 5 of the Limitation Act filed by complainant/opposite party-2 seeking condonation of delay in filing the revision has been allowed.
4. Mr. G.S. Chaturvedi, the learned Senior Counsel for revisionist, with reference to the document occurring at page 78 of the paper book, submits that medical report relied upon by the complainant-opposite party-2 in support of his explanation for explaining the delay in filing the revision is not worthy of reliance inasmuch as, the said document relates to the date prior to the passing of order by the Trial Court. Attention of the Court was then invited to the document occurring subsequent to above document and on basis thereof, it is urged that since no major, clinical or pathological issue was in existence qua the complainant, therefore, the complainant was not suffering from any such physical disability so as to be unable to file the revision before Court below within time. On the above conspectus, it is thus urged that in view of the material on record, neither there was a sufficient nor a truthful cause pleaded before Court below for seeking condonation of delay. In view of above, no good ground was made out for condoning the delay in filing the criminal revision before Court below. As such, the order impugned is not only illegal but also arbitrary. Court below has passed the order impugned not in diligent exercise of jurisdiction but in a casual and cavalier fashion. As such, the same is liable to be set aside by this Court.
5. Per contra, the learned A.G.A. has opposed the present criminal revision. He submits that since Court below has simply condoned the delay in filing the revision and the adjudication is yet to be made on merit, interest of justice require that this Court should not interfere in this revision. Court below has only granted it's discretion in favour of complainant and the matter is yet to be decided on merits. Reference was then made to the judgment of Apex Court in Ramji Das and Others Vs. Mohan Singh, 1978 ARC 496 (SC), wherein the Court has observed that a judgment after hearing the parties is far far better. On the above premise, the learned A.G.A. contends that in the peculiar facts and circumstances of the case, no indulgence be granted by this Court.
6. Having heard the learned Senior Counsel for revisionist, the learned A.G.A. for State, upon perusal of record and considering the submissions made by the learned Senior Counsel for revisionist in support of this criminal revision, prima-facie, a case has been made out.
7. Notice on behalf of opposite party-2 has been accepted by the learned A.G.A.
8. Issue notice to opposite party-2.
9. All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice.
10. List for admission on the date fixed in the notice.
11. Considering the facts and circumstances of the case as noted herein above, as an interim measure, it is provided that further proceedings consequent upon the order impugned dated 18.04.2024 before Additional District Judge, Court No.-9, Ghaziabad shall remain stayed, till the next date of listing.
Order Date :- 16.5.2024
Vinay
