Back
IN THE HIGH COURT OF ALLAHABAD
NAND PRABHA SHUKLA
Ravindra Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Nand Prabha Shukla, J.
1. Heard Sri Sunil Kumar, learned counsel for petitioner, learned AGA for the State and perused the record.
2. At the very outset learned counsel for the petitioner states that against the co-accused, the petitioner had preferred a petition under Article 227 No.10901 of 2024 (Ravindra Singh Vs. State of U.P. and 5 others) challenging the order dated 24.7.2024 passed by learned Additional Sessions Judge/ Fast Track Court No.2(14th Finance Commission), Gorakhpur . The order dated 12.12.2024 passed in the said matter reads as under :-
" 1. Heard Sri Sunil Kumar, learned counsel for the petitioner, Sri C.B.D. Dubey, learned counsel for the respondent no.3 and learned AGA for the State.
2. Present petition has been preferred with the prayer to issue an order or direction to set aside the impugned judgment and order dated 24.07.2024 passed by learned Additional Sessions Judge/ Fast Track Court No. 2 (14th Finance Commission), Gorakhpur jointly adjudicated Criminal Revision no. 273 of 2023, Rupam Tiwari vs. State of U.P. and another and Criminal Revision no. 62 of 2024, Deepak Kumar Agrawal vs. Ravindra Singh.
3. The core legal issue which has been put to be ad
The court emphasized that a defective criminal revision cannot be treated as regular without adjudicating the application for condonation of delay under Section 5 of the Limitation Act.
The court's decision was based on the proper appreciation of the evidence/material available in the record, the legality of the order taking cognizance, and the power of the revisional court under Se....
Compliance with the rules governing the presentation of appeals is essential, and failure to do so may result in the refusal to condone delays in filing appeals.
A Criminal Revision cannot be maintained against an acquittal, and an aggrieved party must file an appeal as per relevant statutes.
Pending applications under the repealed Code of Criminal Procedure are governed by the old law if filed before the new law's enactment, as per saving provisions.
An appeal cannot be dismissed in default without ensuring the appellant has had a reasonable opportunity to be heard, emphasizing the right to legal representation.
A criminal revision cannot be dismissed for default; it must be considered on its merits, and any order affecting personal liberty must be reasoned.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
