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Allahabad High Court

RAMESHCHANDRAversusState of U.P. AND 3 OTHERS

Decided

Holding

The court dismissed both the exemption application and the delay condonation application, holding that the revisionist's unreasonable conduct and failure to comply warranted denial of relief.

Summary

Rameshchandra filed a criminal revision before the Allahabad High Court challenging orders dated 5 September 2023 and 5 August 2024 passed by the Additional Principal Judge of the Family Court, Jaunpur. He also sought exemption to file a certified copy of those orders. The court observed that the revisionist repeatedly failed to appear, leading to ex‑parte orders against him, and that his conduct was unreasonable and deliberate. Consequently, the exemption application was dismissed and he was directed to file the certified copy of the orders. The revisionist did not comply with the court’s direction dated 11 September 2025, and his delay condonation application was therefore dismissed. No further order on the revision was required.

Issues considered

  • Whether the exemption application for filing a certified copy of the impugned orders should be granted.
  • Whether the delay condonation application should be allowed in view of the revisionist's failure to appear and comply with court orders.
  • Whether ex‑parte orders passed due to non‑appearance can be set aside.

Subjects

  • criminal revision
  • delay condonation
  • exemption application
  • ex‑parte order
  • family court
  • procedural default

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
             CRIMINAL REVISION DEFECTIVE No. - 1486 of 2024

Rameshchandra
                                                                  .....Revisionist(s)
                                           Versus

State Of U.P. And 3 Others
                                                                        .....Opposite
                                                                              Party(s)

Counsel for Revisionist(s)    : Anurag Yadav, Dinesh Kumar Patel,
                                Ray Sahab Yadav, Yashwant Pratap
                                Singh
Counsel for Opposite Party(s) : G.A.

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

Order on:- Criminal Misc. Delay Condonation Application.

1. List revised.

2. Heard learned counsel for the revisionist and learned A.G.A. for the
State.

3. This court vide order dated 11.9.2025 passed the following order;

" Order on Criminal Misc. (Exemption) Application No. 1 of 2024
1. Case called out in the revised call. None is present for the revisionist. However,
learned A.G.A. for the State is present.
2. The present revision has been filed by the revisionist against the impugned orders
dated 5.9.2023 and 5.8.2024 passed by the learned Additional Principal Judge,
Family Court, Jaunpur.
3. The revisionist has also filed an exemption application seeking that he may be
exempted to file the certified copy of the impugned orders.
4. On a perusal of the impugned order dated 5.9.2023 in paragraph no. 3, it appears
that the revisionist did not appear and an ex-parte order was passed against him.
Thereafter the revisionist appeared and the ex-parte order was recalled. Later on, the
revisionist filed his reply and again absent, hence learned Additional Principal Judge
was constrained to pass ex-parte order against him, in accordance with law.
5. In view of the above, the conduct of the revisionist-husband is not appeared to be
reasonable. It is appeared that he willfully and deliberately avoided to participate in
                                                                                                 CRLRD No. 1486 of 2024
                                                                        2


                                    legal proceeding.
                                    6. Accordingly, the exemption application is dismissed. The revisionist is directed to
                                    file impugned certified copy of the orders, failing which an appropriate order may be
                                    passed.
                                    7. List peremptorily after one month. "

                                    4. Under the circumstances, the revisionist failed to comply with the order
                                    dated 11.9.2025, therefore the revisionist himself is responsible for his
                                    default. Hence, the delay condonation application is hereby dismissed.

                                    Order on Criminal Revision

                                    5. As delay condonation application is dismissed, no further order is
                                    required to pass order on the revision.

                                    6. Cosign 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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