Robin Kumar Verma v. State Of U.P & Anr.
Case at a glance
Outcome
Disposed of
Accordingly, application is disposed of with aforesaid
Provisions considered
- Code of Criminal Procedure, 1973 ss. 125, 126(2)
Judgment
Operative part
Heard Sri Sudhir Kumar kulshrestha, learned counsel for applicant for at length. Applicant is aggrieved that learned Trial Court has specifically considered the explanation for condonation of delay despite it is well settled that such issue has to be dealt with liberal approach and not in a pragmatic manner and reference be taken of Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Others, (2013) 12 SCC 649. In the aforesaid circumstances, I find that impugned order dated 30.03.2024 passed in Complaint Case No.23 of 2022, whereby condonation of delay of seven months from an ex-parte order passed in Section 125 Cr.P.C., while considering an application for condonation of delay in filing an application under Section 126 (2) Cr.P.C is being rejected, cannot survive and accordingly, it is set aside and delay is condoned with the cost of Rs.40,000/- to opposite party No.2 within three weeks. Accordingly, application is disposed of with aforesaid observation. Registrar (Compliance) to take steps. Order Date :- 12.8.2024 P. Pandey
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, application is disposed of with aforesaid
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 125, 126(2).
Which court decided this case, and when?
Allahabad High Court, on 12 Aug 2024. The bench was SAURABH SHYAM SHAMSHERY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.