Allahabad High Court
Ranu Yadav vs State Of Up And 3 Others on 2 July, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:106697-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 349 of 2024 Appellant :- Ranu Yadav Respondent :- State Of Up And 3 Others Counsel for Appellant :- Namit Srivastava,Parul Srivastava Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
Order on Delay Condonation Application
1. For the reasons stated in the affidavit filed in support of the delay condonation application, the delay is condoned and application is allowed, accordingly.
2. Present special appeal is treated to have been filed well within the time.
3. Office is directed to allot regular number to the appeal.
Order on Special Appeal
4. Heard Sri Namit Srivastava, learned counsel for the appellant-petitioner, Sri Fuzail Ahmad Ansari, learned standing counsel for the State-respondents and Mrs. Archana Singh, learned counsel for the contesting respondent Nos.3 and 4.
5. The present intra-court appeal is preferred questioning the validity of the order of learned Single Judge dated 05.02.2024 passed in Writ-A No.14794 of 2023 (Ranu Yadav vs. State of U.P. and 3 others) and the order dated 22.03.2024 passed in Civil Misc. Review Application No.107 of 2024 (Ranu Yadav vs. State of U.P. and 3 others) filed against the aforesaid order dated 05.02.2024. For ready reference, the order 22.03.2024 is reproduced below:
"1. Sri Namit Srivastava, learned counsel for applicant-petitioner and Ms. Archana Singh, learned counsel for respondents are in agreement that this writ petition may be disposed of in terms of judgment passed in Arvind Singh and others vs. State of U.P. and others, 2024:AHC:35239.
2. In view of above submissions, this review application is disposed of."
6. Sri Fuzail Ahmad Ansari, learned standing counsel for the State-respondents and Mrs. Archana Singh, learned counsel for the contesting respondent Nos.3 and 4 have raised an objection regarding maintainability of the present intra-court appeal on the ground that the order dated 22.03.2024 was consenting order.
7. Moreover, the order in the case of Arvind Singh (supra) was passed by the learned Single Judge with reference to the judgment dated 14.09.2021 in the case of Amit Shekhar Bhardwaj vs. State of U.P. and 2 others (Special Appeal No. 274 of 2020). In the Arvind Singh's order, the learned Single Judge has considered the dictum of the Amit Shekhar Bhardwaj judgment while disposing of Writ-A No. 8344 of 2023 (Arvind Singh and 44 others vs. State of U.P. and 2 others), Neutral Citation: 2024:AHC:35239 (supra). Consequently, Writ-A No. 14794 of 2023 (Ranu Yadav vs. State of U.P. and 3 others) was disposed of by the order dated 05.02.2024. A Civil Misc. Review Application No. 107 of 2024 (Ranu Yadav vs. State of U.P. and 3 others) was subsequently filed against this order, leading to the consenting order dated 22.03.2024. Considering the objection that the order dated 22.03.2024, which is under challenge, was a consenting order, we do not find any good ground to accept any challenge, and accordingly, the special appeal stands rejected.
Order Date :- 2.7.2024 NLY