This short order dismisses an application under Section 482 Cr.P.C. to set aside an order cononing three days delay in filing a revision/appeal, noting the main appeal is still pending and no substantial harm exists.
Application dismissed; Trial Court directed to dispose of pending revision/appeal expeditiously.
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 19640 of 2019 Applicant :- Arun Saxena And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
This application under Section 482 Cr.P.C. has been preferred with the prayer to set aside the order dated 19.04.2019, passed by Additional Sessions Judge, Court No. 1, Baeilly, in Criminal Misc. Case No. 352 of 2017, arising out of Complaint Case No. 2841 of 2016, under Sections 427 and 504 I.P.C., Police Station Prem Nagar, District Bareilly, pending in the court of Additional Sessions Judge, Court No. 1, Bareilly, whereby the learned court below has condoned the delay of three days in filing the appeal/revision.
A perusal of the record, it appears that the learned court below has merely condoned the delay of only three days in filing the revision/appeal before the learned court below and if the delay has been condoned, it appears that there is no abuse of the process of the court or any substantial harm is likely to occur to the applicants. Still the main application (Revision/Appeal) is pending before the learned trial court, which is yet to be decided.
Considering the aforesaid facts and circumstances, this Court is of the opinion that the present application has no force and is liable to be dismissed.
Accordingly the application is dismissed.
However, the learned trial court is directed to dispose of the aforesaid revision/appeal pending before it, as expeditiously as possible.
Order Date :- 21.5.2019 sailesh
1 issue framed by the court
Whether the present application for condonation of delay has any force when there is no abuse of process or substantial harm.
Arun Saxena And 2 Others
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
