Disposed¶8
State of U.P. v. Ashok Kumar
Allahabad HCGOVAD/191/2001
Case brief
AI extract
What is this about?
Allahabad High Court order dated 8.2.2023 by Samit Gopal, J. in Government Appeal Defective No. 191 of 2001, State of U.P. (appellant; Govt. Advocate; heard Sri B.B. Upadhyay) v. Ashok Kumar (respondent). Enhancement-of-sentence appeal filed 2001, 32 days late; Section 5 Limitation Act application never filed despite hand note granting one month; State not serious; matter consigned to records / disposed without adjudication.
What did the court decide?
The Court found that although a hand note in the memo of appeal had sought one month's time for filing an application under Section 5 of the Limitation Act, no such application was filed in about 22 years, indicating that the State was not serious to pursue the enhancement appeal. ¶7