During criminal revision, no revisionist appeared and the delay condonation application was dismissed due to efflux of time and lack of prosecution. The criminal revision was consequently dismissed as infructuous.
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Court No. - 89
Case :- CRIMINAL REVISION DEFECTIVE No. - 132 of 2011
Revisionist :- Rajesh Balmiki Opposite Party :- State of U.P. Counsel for Revisionist :- G.S. Chauhan Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sanjay Kumar Pachori,J.
In Re: Criminal Misc. Delay Condonation Application No. 90497 of 2011.
Even in the revised call none has appeared for the revisionist. However, Shri Ghanshyam Kesarwani, learned A.G.A for the State is present.
The present delay condonation application has been filed to condone the delay of 45 days in filing of the present criminal revision which is against the judgement and order dated 08.11.2010 passed by Additional Sessions Judge, court no. 1, Jhansi, in criminal appeal no. 131 of 2008.
Learned A.G.A submits that vide judgement and order dated 22.11.2008 the revisionist was convicted under section 380 and 411 of Cr.P.C and was sentenced under section 380 I.P.C for one year of rigorous imprisonment with fine of Rs. 100/- and under section 411 I.P.C for six months of rigorous imprisonment and in default of payment of fine for seven days of rigorous imprisonment. All sentences shall run concurrently.
The present delay condonation application is dismissed due to efflux of time.
Accordingly it is dismissed as infructuous for want of prosecution.
Order on revision .
Hence the present criminal revision is also dismissed as infructuous.
Order Date :- 3.4.2023 Saurabh
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to condone a delay in filing the criminal revision
Whether to dismiss the revision for want of prosecution
Rajesh Balmiki
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
