Court No. - 27
Case :- CRIMINAL REVISION DEFECTIVE No. - 581 of 2012 Revisionist :- Ram Lali Opposite Party :- State Of U.P. Another Counsel for Revisionist :- Ram Sajivan,Narendra Kumar Yadav,Shobhanath Singh Yadav Counsel for Opposite Party :- Govt. Advocate,Ravindra Kumar Mishra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this revision, the revisionist herein challenges the order passed by the Court below and claims that the delay of 160 days in filing this revision be condoned.
It is true as submitted by the counsel that the delay is not so enormous.
This revision is of the year 2012 and since then, six years have elapsed. Notice was ordered to be issued to the respondents. Unfortunately, none appeared for the respondent and the notice has not been received back for a period of six years.
A better affidavit in support of the application under Section 5 of the Limitation Act was asked for by this Court in the year 2017 which has not been given so far. A fresh notice also came to be issued, thereafter one counsel appeared for the respondent and asked for time and thereafter he did not appear.
On 12.12.2018, this revision was ordered to be listed today.
Delay is condoned.
However, as the matter is pertaining to claiming maintenance by Ram Lali, it is not known as what is the factual scenario after filing of this application. However, if she still wants enhancement of maintenance, she can prefer an application under Section Section 127 of the Code of Criminal Procedure.
With these observations, this petition stand disposed of.
Order Date :- 19.12.2018/DKS
Court No. - 27
Case :- CRIMINAL REVISION DEFECTIVE No. - 581 of 2012 Revisionist :- Ram Lali Opposite Party :- State Of U.P. Another Counsel for Revisionist :- Ram Sajivan,Narendra Kumar Yadav,Shobhanath Singh Yadav Counsel for Opposite Party :- Govt. Advocate,Ravindra Kumar Mishra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
(Ref: Criminal Misc. Delay Condonation Application) Delay in filing this revision is condoned vide order of the date passed on delay condonation application.
This application, accordingly, stands allowed.
Order Date :- 19.12.2018/DKS