The court has the discretion to allow delay condonation based on the lack of negligence on the part of the petitioners and the gravity of the alleged offence.

Ramesh Sinha, J.

Order on Crl. Misc. Restoration/Recall Application No. 428513 of 2015 along with Crl. Misc. Delay Condonation Application No. 428510 of 2015.

1. Heard Sri S.F.A. Naqvi, learned counsel for the applicants-petitioners, Sri Vimlendu Tripathi, learned Officiating Government Advocate assisted by Sri Ashish Pandey, learned A.G.A. for the State.

2. On 24.3.2017, an order was passed by this Court on the present restoration/recall application which is quoted hereinbelow: -

“Order on Crl. Misc. Recall/Restoration Application No. 428513 of 2015

1. Heard Sri S.F.A. Naqvi, learned counsel for the petitioners, Sri Ashish Pandey, learned A.G.A. for the State and perused the material brought on record.

2. The present writ petition has been filed by the petitioners and petitioner no1 is the informant of the case.

3. It appears from the order sheet of the present writ petition that the present writ petition came up as fresh matter before another Bench of this Court on 3.12.2008, on which date following order was passed by another Bench of this

Court, which is quoted here-in-below: -

“List on 15th December, 2008.

Learned AGA may seek instructions in the matter in the meanwhile”

4. On 15.12.2008, another Bench of this Court passed an order which is quoted here-in-below: -

“Learned AGA prays for and is allowed 10 days’ time for filing a counter-affidavit.

List in the second week of January, 2009, to enable the learned A.G.A. to file the counter-affidavit.”

5. On 29.4.2009 the present writ petition was dismissed for want of prosecution by another Bench of this Court, which is quoted here-in-below: -

“List revised.

No one has appeared on behalf of the petitioner to press this petition.

The petition is accordingly dismissed for want of prosecution.

Interim order, if any, is also vacated.”

6. It further transpires from the record that a Crl. Misc. Restoration Application No. 127836 of 2010 along with Crl. Misc. Delay Condonation Application No. 127833 of 2010 dated 28.4.2010 was filed by the petitioners for restoring the said writ petition.

7. On 20.3.2015, another Bench of this Court passed an order which is quoted here-in-below: -

“Heard the learned counsel for the petitioners and the learned A.G.A. for the State of U.P.

The learned A.G.A. prays for and is granted two weeks time to file counter affidavit explaining therein as to why the delay in filing the restoration application may not be condoned.

List on 10.4.2015”

8. On 10.4.2015 another Bench of this Court passed an order which is as under:

Learned A.G.A. submits that it appears that the order dated 20.3.2015 could not be communicated.

He has noted the order today.

List immediately after three weeks.”

9. On 13.7.2015 another Bench of this Court passed an order which is quoted here-in-below: -

Learned counsel for the petitioners prays for and is allowed two weeks’ time to file a supplementary affidavit disclosing therein whether the investigation in the matter has been completed or is still pending.

List this case on 30.7.2015.”

10. It appears that on 30.7.2015 another Bench of this Court rejected the aforesaid Delay Condonation Application as well as Restoration Application by passing the following order, which is as under: -

Crl. Misc. Delay Condonation Application No. 127833 of 2010

List has been revised.

None appears to press this application.

Accordingly, this application is rejected for want of prosecution.

Criminal Misc. Restoration Application No. 127836 of 2010.

Since the Delay Condonation Application has been rejected for want of prosecution, this application is also rejected.”

11. After dismissals of the aforesaid Delay Condonation Application as well as Restoration Application filed by the petitioners, the present Recall/Restoration Application along with the Delay Condonation Application dated 13.12.2015 has been filed in the present petition for recalling of the Court’s order dated 30.7.2015, which was directed to be listed with previous papers by another Bench of this Court vide order dated