Court No. - 74
Case :- MATTERS UNDER ARTICLE 227 No. - 4205 of 2020 Petitioner :- Smt. Maya Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- R.K. Mishra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
By the impugned order, delay in filing a Revision against an order of the Magistrate dated 08.01.2020, dropping proceedings, under Section 145 Cr.P.C., has been condoned.
The condonation of delay has been granted subject to payment of costs of Rs.1500/-. The consequence of the impugned order is that the Revision shall now be taken up by the learned Sessions Judge for admission. The order impugned is not one which can be said to prejudice the petitioner in any manner and even if it does, the policy of the law is to lean in favour of hearing, rather than eschewing it. The impugned order, even if, illegal in some manner, which the learned Counsel for the petitioner has been at pains to point out, is not at all unjust, let alone being substantially unjust so as to warrant this Court’s interference under Article 227 of the Constitution.
This petition fails and is dismissed. There shall be no order as to costs.
Order Date :- 6.1.2021 Anoop