Court No. - 66
Case :- APPLICATION U/S 378 DEFECTIVE No. - 35 of 2019 Applicant :- Arjun Singh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Anand Srivastava,Chandra Bhan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Case is called out in the revised list, yet no one has appeared on behalf of applicant to press the instant leave to appeal application.
Therefore, I propose to decide the present application after perusing the impugned judgment and order with the assistance of learned A.G.A. for the State.
The present appeal has been filed after delay of more than 584 days. The reasons shown in the delay condonation application are not sufficient.
The Criminal Misc. Delay Condonation Application No.2 of 2019 is, accordingly, rejected.
Though, I have rejected the delay condonation application, yet I deem it fit to go through the impugned judgment and order in which it is admitted that there is a dispute regarding property partition is going on between the parties. In view of it, the allegations that the accused had stolen some articles fitted in the tube-well and also extended threats has not been believed by the trial court.
The present criminal misc. leave to appeal application is, accordingly, rejected and consequently the criminal appeal also stands dismissed.
Order Date :- 25.4.2019 Vikas