Saraswati Devi @ Sarswati Devi v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others
Case brief
What is this about?
Criminal Revision No. 257 of 2025; Allahabad High Court, Lucknow Bench; decided 5.3.2025 by Karunesh Singh Pawar, J.; Saraswati Devi @ Sarswati Devi v. State of U.P.; dismissal of criminal appeal against acquittal for non-prosecution (order dated 18.11.2021, District and Sessions Judge, Pratapgarh); recall and delay-condonation application under Section 5 of the Limitation Act rejected on 24.1.2025 with Rs.5,000/- cost (Criminal Misc. Case No.112 of 2024); cost stayed; notices issued to respondent nos. 2 and 3; A.G.A. given two weeks for objections; listed 7.4.2025; counsel relied on Madan Lal Kapoor v. Rajiv Thapar (2007) 7 SCC 623, Parasuram Patel v. State of Orissa 1994 SCC (4) 664, Bani Singh v. State of U.P. (1996) 4 SCC 720 (criminal appeal cannot be dismissed in default); interlocutory order, no substantive holding.
What did the court decide?
Interim order: cost of Rs.5,000/- imposed by order dated 24.1.2025 stayed till the next date; notices issued to respondent nos. 2 and 3 returnable at an early date; two weeks' time granted to learned A.G.A. to file objection; matter listed on 7.4.2025. No final ruling on the legality of the dismissal for non-prosecution.