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HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Sanjay Yadav – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. sequence of legal proceedings against revisionist (Para 2 , 3 , 4 , 5) |
| 2. legal obligations of the court regarding appeals (Para 6 , 7) |
| 3. directions to restore dismissed appeal (Para 8 , 9) |
| 4. court's order to expedite appeal process (Para 10 , 11) |
JUDGMENT :
ABDUL SHAHID, J.
1. Heard learned counsel for the revisionist/Sanjay Yadav and learned A.G.A. for the State.
2. The present criminal revision has been filed by the revisionist against the impugned order dated 17.09.2025 passed by the Special Judge (S.C./S.T. Act), Gorakhpur, in Criminal Misc. Case No. 587 of 2024, as well as the order dated 26.10.2023 passed by the Special Judge (S.C./S.T. Act), Gorakhpur, in Criminal Appeal No. 96 of 2022 (Sanjay Yadav versus Mithilesh Narayan Pandey), and the judgment dated 20.05.2022 passed by the learned Additional Chief Judicial Magistrate, Ist, Gorakhpur, in Complaint Case No. 1400 of 2020, Mithilesh Narain Pandey versus Sanjay Yadav, under Section 138 of the N.I. Act, Police Station Sahjanwa, District Gorakhpur.
3. Learned counsel for the revisionist/accused has submitted that the revisionist was convicted and sentenced vide judgment and order dated 20.05.2022 passed by the
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.
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 upheld that representation by Amicus Curiae suffices for fair hearing, dismissing the recall application for lack of legal grounds.
A convicted individual must surrender before the court to maintain a revision under Sections 397 and 401 of the Criminal Procedure Code, as per the Allahabad High Court Rules.
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