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2024 Supreme(All) 80

SAMIT GOPAL
Diwakar Nath Tripathi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ramesh Chandra Dwivedi.
For the Respondents: M.C. Chaturvedi, A.K. Sand, Ajay Singh, Neeraj Kant Verma, Rajeev Lochan Shukla.

ORDER :

Order on Crl. Misc. Delay Condonation Application No. 1 of 2023

1. List revised.

2. The present revision U/s 397/401 Cr.P.C. has been filed before this Court by the revisionist Diwakar Nath Tripathi with the following prayers:

    “It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to summon the lower Courts record, allow the present Revision and be pleased to set aside the Judgment and Order dated 04.09.2021, passed by the Learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad, C.N.R. No. 2750/2021, Misc. Case No. 102/XII/2021, Diwakar Nath Tripathi vs. Keshav Prasad Maurya, P.S. Cantt, District- Prayagraj by which the application filed by the revisionist U/S 156(3) Cr.P.C. was rejected otherwise the Revisionist shall suffer irreparable loss and injury.”

3. The revision was presented before the Section Officer, Stamp Reporter (Criminal) High Court, Allahabad on 12.04.2023 and was reported to be in limitation upto 29.05.2022 and thus beyond time by 318 days. A delay condonation application dated 11.04.2023 supported by an affidavit dated 10.04.2023 of the revisionist has been filed with it. Subsequently the revision after bein

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