Court No. - 80
Case :- CRIMINAL APPEAL DEFECTIVE No. - 614 of 2019
Appellant :- Arvind Kumar @ Arvind Raje Yadav And 2 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Virendra Singh
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Criminal Misc. Delay Condonation Application No. 1 of 2019 Heard learned counsel for the parties on the delay condonation application.
Learned counsel for the appellant has submitted that there is delay of 13 days in filing the present appeal. It has further been submitted that when the appellant came to file the present appeal with relevant papers, it was not in his personal knowledge that he has missed some most urgent relevant papers, hence, he went back to obtain the said papers due to which 13 days delay has been occurred.
Cause shown in the affidavit filed in support of delay condonation application is sufficient.
Accordingly, the application is allowed and the delay in filing the present appeal is hereby condoned.
Office is directed to allot the regular number to this appeal.
Order on Memo of Appeal Heard learned counsel for the parties. Admit.
This Criminal appeal has been preferred against the judgment and order dated 17.01.2019, passed by Additional Sessions Judge / Special Judge, U.P. (D.A.A. Act), Lalitpur in Misc. Case No. 181 of 2015 by which the learned court below has after forfeiting the bonds has issued recovery warrant against the appellants of Rs. 20,000/- each.
Learned counsel for the appellants has submitted that against the impugned order dated 17.01.2019, an application dated 23.01.2019/26.02.2019 annexed as Annexure No. 9 to this appeal has been filed before the learned court below for recalling the impugned order dated 17.01.2019, which is still pending. In such situation, he prays that a direction be issued to the count below to dispose of the aforesaid recall application which is pending before it.
Considering the aforesaid facts and circumstances, the appeal is disposed of with direction to the court below to dispose of the recall application dated 23.01.2019/26.02.2019 filed by the appellants as expeditiously as possible. However, liberty is given to the appellants that after disposal of their recall application, if they are so aggrieved, they may take every legal recourse for remedy of their grievances.
Order Date :- 30.4.2019 sailesh