Allahabad High Court
Smt. Umarawati vs State Of U.P. And 3 Ors. on 28 July, 2022
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No. - 360 of 2015 Appellant :- Smt. Umarawati Respondent :- State Of U.P. And 3 Ors. Counsel for Appellant :- Vinay Kumar Tiwari Counsel for Respondent :- Govt. Advocate,Bachcha Singh Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Re: Criminal Misc. Delay Condonation Application No. 180629 of 2015 No one is present on behalf of the appellant to press the delay condonation application even in the revised call. Sri Bachcha Singh, learned counsel appearing for all the accused respondents is present. As per Stamp Reporter's report there is delay of 157 days in filing appeal.
Accordingly, present delay condonation application is rejected for want of prosecution. Re: Application for Leave to Appeal As already held by this Court in number of cases that leave application filed under Section 378(3) Cr.P.C. is not required in the appeal filed by the victim under Section 372 Cr.P.C. like the present appeal. A reference may be made to the order dated 4.8.2021 passed in Criminal Appeal U/S 372 Cr.P.C. No. 123 of 2021 (Rita Devi vs. State of U.P. and another). As such, the application for leave to appeal stands rejected as not maintainable and/or not required. Re: Appeal Since the delay condonation application has been rejected today, consequently, present appeal also stands dismissed. It is made clear that dismissal of this appeal shall not affect the merits of the criminal appeal filed against conviction. Office is directed to list the connected criminal appeal before the Bench having jurisdiction over the appeal against conviction. Order Date :- 28.7.2022 Lalit Shukla