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Allahabad High Court

SHESH MANI MAURYAversusState of U.P. AND 2 OTHERS

Decided

Holding

The application for condonation of delay of 922 days is dismissed.

Summary

Shesh Mani Maurya filed a criminal revision challenging an order dated 28-10-2021 passed by the Principal Judge Family Court, Mirzapur. Along with the revision, he sought condonation of a 922‑day delay in filing the revision, claiming he attempted settlement through mediation which failed. The State opposed the condonation, relying on the Supreme Court decision in Shivamma (Dead) v. Karnataka Housing Board. The Court examined the revisionist's affidavit and found no substantive justification for the extensive delay, noting the revisionist was already a party before the family court and was therefore aware of the order. Applying the principles from Shivamma, the Court held that the delay was neither accidental nor excusable. Consequently, the application for condonation of delay was dismissed and the revision was consigned to the record without further order.

Issues considered

  • Whether a delay of 922 days in filing a criminal revision can be condoned under procedural law.

Subjects

  • criminal revision
  • condonation of delay
  • procedural law
  • family court order
  • mediation
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL REVISION DEFECTIVE No. - 1278 of 2024

Shesh Mani Maurya
                                                            .....Revisionist(s)
                                   Versus

State Of U.P. And 2 Others
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Revisionist(s)    : Arvind Kumar, Vipin Kumar Singh
Counsel for Opposite Party(s) : G.A., Manoj Kumar Mishra, Prabhu
                                Narain Tiwari

Court No. - 86
                     HON'BLE HARVIR SINGH, J.

Order on:- Criminal Misc. Delay Condonation Application No. 01 of
2024

1. List has been revised.

2. Heard learned counsel for the revisionist, learned A.G.A. for the State
and perused the material on record.

3. Learned counsel for the revisionist besides the present revision, an
application for condonation of delay in filing the present revision has also
been moved, seeking condonation of 922 days.

4. Ground taken in the application for condonation of delay was perused
and the revisionist in para 2 of the affidavit has taken the following
ground in respect of the condonation of delay, which reads as under:-

"Para No. 2:- That the applicant could not approach before this Hon'ble
Court within time because he wants to settle the matter out of court but
could not succeed thereafter he obtained the certified copy from his
counsel and approached before this Hon'ble Court for filing present
Criminal Revision challenging the order dated 28.10.2021, so delay if
any in filing the present Criminal Revision is neither intentional not
deliberate and liable to be condoned by this Hon'ble Court."

5. It is matter of record that the revisionist has participated in proceedings
                                                                                          CRLRD No. 1278 of 2024
                                                                   2


                                    before the court of learned Principal Judge Family Court, Mirzapur,
                                    therefore, the said fact that, the order dated 28.10.2021 was not in the
                                    knowledge of the revisionist herein in false and merely saying, that the
                                    revisionist desired matter to be settled though mediation, but could not
                                    succeed is not sufficient. No other ground, whatsoever has been taken by
                                    the revisionist seeking condonation of delay in filing 922 days.

                                    6. Per contra, learned A.G.A. for the State has prayed that, application
                                    for condonation of delay is liable to be dismissed. Learned A.G.A. for the
                                    State has relied upon the judgment of Hon'ble Apex Court in the case of
                                    Shivamma (Dead) Vs. Karnataka Housing Board and Others reported
                                    in 2025 SCC OnLine SC 1969.

                                    7. After hearing the submissions, it is needless to say that, every case has
                                    to be decided on its own merit, but the conduct of, the litigant and the
                                    grounds raised in the application for condonation of delay are equally
                                    important. The cause shown in the application for condonation of delay
                                    in filing the revision is neither sufficient nor convincing the court.
                                    Moreover, having regard to the law laid down in the case of Shivamma
                                    (Dead) (Supra), no good ground has been made in filing the application
                                    for condonation of delay of 922 days and the application for condonation
                                    of delay is liable to be dismissed. Hence, the delay condonation
                                    application is accordingly dismissed and no further order is required to be
                                    passed in the present revision.

                                    8. With the aforesaid observation, the present revision is consigned to
                                    record.



                                                                                             (Harvir Singh,J.)
                                    March 16, 2026
                                    Gss




Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad


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