Allahabad High Court
Naresh Pratap Singh vs State Of U.P. And Anr. on 14 July, 2022
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC. APPLICATION DEFECTIVE U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 79 of 2019 Applicant :- Naresh Pratap Singh Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Re: Criminal Misc. Delay Condonation Application No. 1 of 2019 No one is present on behalf of the appellant to press the delay condonation application even in the revised call of additional cause list. Mohd. Atif holding brief of Sri Mukesh Kumar, learned counsel for the respondent is present. From perusal of order-sheet we find that on the earlier several occasions the case was reported to be adjourned. As per Stamp Reporter's report there is delay of 694 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. Order Date :- 14.7.2022 Lalit Shukla