Allahabad High Court

JAIVEER AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: SUBHASH CHANDRA SHARMA

Holding

The delay of 401 days was not condoned under Section 5 of the Limitation Act, and the criminal revision was dismissed.

Summary

The petitioners filed a criminal revision challenging the trial court’s order of formal framing of charge dated 16‑12‑2024. The revision was presented 401 days after the impugned order, and the petitioners sought condonation of the delay under Section 5 of the Limitation Act. The court examined the cause of delay, found it insufficient, and held that there was no sufficient ground to condone the delay. Consequently, the application for condonation was rejected. The court then dismissed the criminal revision on the ground of the uncondoned delay. The order was pronounced on 6 May 2026 by Justice Subhash Chandra Sharma.

Issues considered

Whether a delay of 401 days in filing a criminal revision can be condoned under Section 5 of the Limitation Act.
Whether the criminal revision is maintainable in view of the uncondoned delay.

Legislation cited

Limitation Act — s. 5

Subjects

criminal revision
limitation
condonation of delay
Section 5 Limitation Act
framing of charge
High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             CRIMINAL REVISION DEFECTIVE No. - 910 of 2026

                                    Jaiveer And Another
                                                                                                  .....Revisionist(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Revisionist(s)                      :    Pradumn Tripathi
                                    Counsel for Opposite Party(s)                   :    G.A.

                                    Court No. - 86
                                                 HON'BLE SUBHASH CHANDRA SHARMA, J.

                                    Order on Delay Condonation Application:-

                                    Heard learned counsel for the revisionists on the point of delay in filing of
                                    this criminal revision.

                                    This criminal revision has been filed against the order of formal framing of
                                    charge by the learned trial court dated 16.12.2024.

                                    There is delay of 401 days in filing of this criminal revision.

                                    Cause shown for delay in filing of this criminal revision is insufficient and
                                    there is no ground to condone the delay in filing of this criminal revision.

                                    Accordingly, there appears no any sufficient ground to condone the delay in
                                    filing of this criminal revision, as a result, the application for condoning the
                                    delay in filing of this criminal revision under Section 5 of Limitation Act is
                                    hereby rejected.

                                    Order on Revision:-

                                    The present criminal revision is dismissed.
                                    May 6, 2026
                                    Suraj Srivastav
                                                                                  (Subhash Chandra Sharma,J.)




Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad

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