CRLR/931/2024
2025 Latest Caselaw 3991 UK

Uttarakhand High Court

CRLR/931/2024 on 29 August, 2025

              Office Notes,
             reports, orders
             or proceedings                    COURT'S OR JUDGE'S ORDERS
SL.
      Date    or directions
No.
             and Registrar's
               order with
               Signatures
                               (Delay Condonation Appl. No.01 of 2024)
                               (Stay Appl. No.02 of 2024)
                               In
                               CRLR No.931 of 2024
                               Hon'ble Ashish Naithani, J.

Mr. Mohd. Umar, learned counsel for the Revisionist.

2. Mr. Bhaskar Chandra Joshi, learned AGA for the State.

3. Mr. Susheel Kumar, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for respondent no.2.

4. Present matter is under consideration for the condonation of delay. As per order sheet dated 20.12.2024 passed by the Coordinate Bench, it is noted that the matter is delayed by 319 days. Though there are no objections submitted by other party still as per records the order dates back to 04.11.2023 whereby the impugned order is under challenge in the present matter.

5. As per chronology of the said matter, the recovery proceedings were issued by learned court below on 16.12.2023 and further it was communicated through S.S.P. Haridwar on 07.08.2024. The present revision had been preferred before this Court on 20.12.2024.

6. Learned counsel for the revisionist makes a statement that the matter relates to Covid-19 Pandemic, which as per record is not sustainable as the impugned order had been passed on 04.11.2023 whereby the Covid-19 Pandemic was nowhere to be taken as the threat.

7. Even if the submission of the learned counsel for the revisionist is taken that the recovery proceedings as per knowledge of the revisionist was taken to be as 07.08.2025 communicated through S.S.P, Haridwar still the present matter is beyond the period of limitation i.e. more than about five months.

8. The delay is condoned with the condition that an amount of Rs.20,000/- to be submitted before the lower court and made part of the record. Accordingly, delay is condoned.

9. Admit.

10. Let the objection be filed by the respondent(s) within two weeks.

11. List on 16.10.2025.

12. As an interim measure, till the next date of listing the effect and operation of the impugned judgment and order dated 04.11.2023 in Misc. Criminal Case No.376 of 2021 Smt. Deepa vs. Puneet under Section 125 of Cr.P.C. and subsequent order dated 07.08.2024 in Misc. Criminal Case No.234 of 2023 under Section 125(3) Cr.P.C. passed by learned Judge, Family Court, District Haridwar shall remain stayed.

13. Stay application stands disposed of.

(Ashish Naithani, J.) 29.08.2025 Arti