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2025 Supreme(Jhk) 79

IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, JJ
Upendra Kumar Rai, S/o Shri Shivshank Ray – Appellant
Versus
State Of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajit Kumar, Sr. Advocate Ms. Akriti Shree, Advocate
For the Respondent-State: Mr. Ranjan Kumar, AC to Sr. SC-I

JUDGMENT :

Sujit Narayan Prasad, J.

I.A No.12171 of 2024

1. This Interlocutory Application has been filed under section 5 of the Limitation Act, 1963 for condonation of delay of 627 days in preferring the present review petition.

2. The reason has been assigned as would be evident from paragraph no.6 onward that after the order dated 16.12.2022 was passed by a co-ordinate Bench of this Court in L.P.A No.392 of 2019 thereafter the review petitioners approached the Hon’ble Apex Court to challenge the said order in S.L.P (C) No.3283 of 2023 but the same was dismissed in limine vide order dated 20.02.2023.

3. Thereafter, the review petitioners herein filed a review being R.P(C) No.1508 of 2024 (Diary No.12140 of 2024) on 14.03.2024 against the order dated 20.02.2023 passed in S.L.P (C) No.3283 of 2023 but the same was also dismissed vide order dated 07.08.2024. Thereafter, the present review petition has been filed.

4. The ground, therefore, has been taken that due to pending proceeding before the Hon’ble Apex Court the delay has been caused in filing the instant review petition.

5. The learned counsel appearing for the State has vehemently opposed the application for condonation of delay.

6.

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