The High Court rejected the application for condonation of delay in the revision due to lack of medical evidence supporting the claim of illness. Consequently, the criminal revision was dismissed as barred by limitation.
Application for condonation of delay rejected; Criminal revision dismissed as barred by limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:44169
Court No. - 29
Case :- CRIMINAL REVISION DEFECTIVE No. - 230 of 2023
Revisionist :- Smt. Jugnu And Another Opposite Party :- State Of U.P Thru. Prin. Secy. Home And Another Counsel for Revisionist :- Mohd. Waris Farooqui Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
(C.M.A No. 1 of 2023: Application for condonation of delay)
Matter is taken up. None appeared on behalf of the revisionist/applicants to press this application. Learned A.G.A for the State is present.
This revision has been preferred by the revisionists challenging the order dated 14.11.2022 by which the revisionist were asked to perform sale deed.
It transpires from a perusal of the affidavit filed in support of the delay condonation application that the revisionist the revisionist No. 1 was suffering from serious nureo disease and was admitted in hospital for more than a month. However, no medical report is brought on record in support of the aforesaid contention. Moreover, none has put in appeared to press this revision.
In view of the above discussion, this Court does not find it to be a sufficient ground for the condonation of delay.
Hence the delay condonation application is rejected.
(Criminal Revision)
Since the delay condonation application is rejected the revision also stands dismissed as barred by limitation.
(Renu Agarwal,J.)
Order Date :- 10.7.2023 Nadeem
Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the claim of illness of the revisionist is sufficient ground for condonation of delay in the absence of medical evidence.
Whether the criminal revision stands barred by limitation after rejection of the condonation of delay application.
Jugnu And Another
State Of U.P Thru. Prin. Secy. Home And Another
Renu Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
