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Allahabad High Court

BABU ALIAS BABU KHANversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court held that the delay of 937 days could not be condoned and therefore dismissed the criminal revision.

Summary

The revisionist, Babu alias Babu Khan, filed a criminal revision (No. 2496 of 2025) challenging a decision of the trial court. The revision was filed 937 days after the cause of action arose. The revisionist sought condonation of the delay, submitting an affidavit with reasons for the delay. The Court, after examining the affidavit, found the reasons insufficient and held that the delay was inordinate. Consequently, the Court dismissed the delay‑condonation application and, on that basis, dismissed the criminal revision itself. The order was pronounced on 11 May 2026 by Justice Achal Sachdev.

Issues considered

  • Whether the delay of 937 days in filing the criminal revision can be condoned.
  • Whether the criminal revision should be dismissed on the ground of delay.

Subjects

  • delay condonation
  • criminal revision
  • procedural law
  • limitation period
  • court admission stage

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           CRIMINAL REVISION DEFECTIVE No. - 2496 of 2025

                                    Babu Alias Babu Khan
                                                                                           .....Revisionist(s)
                                                                    Versus
                                    State Of U.P. And 5 Others
                                                                                                .....Opposite
                                                                                                      Party(s)

                                    Counsel for Revisionist(s)           :   Mohammad Zunaid Khan
                                    Counsel for Opposite Party(s)        :   G.A., Shaheen Baano

                                    Court No. - 88
                                                      HON'BLE ACHAL SACHDEV, J.

                                    Order on Criminal Misc. Delay Condonation Application No. 01
                                    of 2025

                                    1. Learned counsel for the revisionist, learned A.G.A. for the State
                                    and learned counsel for the opposite party no.2 are present.

                                    2. The matter is fixed at the stage of admission.

                                    3. As per the report of Stamp Reporter, present revision has been
                                    filed by the revisionist with the delay of 937 days and the grounds
                                    mentioned for delay in the affidavit filed in support of the delay
                                    condonation application are not sufficient to the satisfaction of the
                                    Court.

                                    4. In the aforesaid circumstances, the delay condonation application
                                    is hereby dismissed.

                                    Order on Criminal Revision

                                    5.   In view   of    the    order    passed on  aforesaid delay
                                    condonation application, the present criminal revision is also
                                    dismissed on the ground of delay itself.

                                    May 11, 2026
                                    KS
                                                                                        (Achal Sachdev,J.)




Digitally signed by :-
KISHAN SINHA
High Court of Judicature at Allahabad


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