High Court (Allahabad Bench) allowed condonation of delay in filing a criminal revision under CrPC 397/401. Upon consideration, the revision was dismissed as no case for interference was made out regarding the rejection of Section 173(8) application.
Delay condoned; Criminal Revision rejected.
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Court No. - 11
Case :- CRIMINAL REVISION DEFECTIVE No. - 290 of 2024
Revisionist :- Shahjad Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Revisionist :- Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
(Order on C.M. Application No.2 of 2024)
Heard learned counsel for the revisionist as well as learned A.G.A. for the State-respondent(s).
This is an application for condonation of delay in filing the instant revision.
Learned A.G.A. states that he does not intend to file any objections to the same.
On due consideration, the delay condonation application is allowed. The delay is hereby condoned.
Let office allot a regular number to the revision.
(Order on Memo of Revision)
The instant revision under Section 397/401 of Criminal Procedure Code (hereinafter referred to as "Code") / 442 of Bhartiya Nagrik Suraksha Sanhita 2023 has been filed against the order dated 03.02.2024 passed by the learned Chief Judicial Magistrate, Pratapgarh in Case No.20235 of 2023 in Re: State Vs. Gul Hasan & Others whereby the application filed by the revisionist under Section 173(8) of the Code has been rejected.
A perusal of the said order would indicate that the learned court
has opined that it is open for the revisionist to file an application under Section 319 of the Code.
Learned counsel for the revisionist has been unable to indicate as to whether there is any bar in filing the said application.
Considering the aforesaid and the reasons as prevailed on the learned court while rejecting the application filed by the revisionist under Section 173(8) of the Code, no case for interference is made out.
Accordingly, the instant revision is rejected.
Order Date :- 26.7.2024 S. Shivhare
Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the delay in filing the criminal revision is condonable.
Interference in the order arising out of consideration under Section 173(8) CrPC.
Whether there is any bar in filing an application under Section 319 of CrPC.
4 provisions across 2 enactments
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
