The High Court allowed the condonation of delay in filing a criminal revision and dismissed the revision itself, granting the revisionist liberty to file a separate appeal before the appropriate forum.
Application for condonation of delay allowed; Criminal Revision dismissed with liberty to file appeal under Section 14A.
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Court No. - 28
Case :- CRIMINAL REVISION DEFECTIVE No. - 97 of 2024
Revisionist :- Ram Avtar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Revisionist :- Dinesh Chandra Tewari Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
(C.M. Application No. 01 of 2024)
Heard learned counsel for the revisionist and Sri Anurag Verma, learned A.G.A.-I for the state.
Learned counsel for the revisionist has filed an application for condonation of delay in filing the criminal revision.
Cause shown in the affidavit in filing the criminal revision, is sufficient.
The application is allowed and the delay is condoned.
Order on the memo of Criminal Revision
Sri Anurag Verma, learned A.G.A.-I for the State has raised a primarily objection regarding the maintainability of the the revision and has submitted that against the impugned order dated 14.12.2023 passed by Special Judge SC/ST Act in Criminal Misc. Case No.827 of 2023 ( Ram Avtar Vs. Rakesh Yadav and others ), an appeal would lie under section 14A of the Scheduled Castes and the Scheduled Tribes( Prevention of Atrocities) Act, 1989.
Sri Dinesh Chandra Tewari, learned counsel for the revisionist does not dispute the aforesaid legal preposition and requested that he may be given liberty to file an appeal before the appropriate forum.
On the statement given by learned counsel for the revisionist, the present revision is dismissed with the aforesaid liberty.
Order Date :- 21.3.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the condonation of delay application in the criminal revision is maintainable.
Whether the criminal revision against the impugned order is maintainable when an appeal under Section 14A is available.
1 provisions across 1 enactments
Ram Avtar
State Of U.P.
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
