Allahabad High Court
KHALID AZIZversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VINOD DIWAKAR
Holding
The delay in filing the review application is condoned, but the review petition is dismissed for lack of any valid ground or error apparent on the record.
Summary
The applicant filed a criminal miscellaneous application seeking condonation of delay in filing a review petition against the State of U.P. The court found the reasons for delay bona fide and beyond the applicant's control, and therefore allowed the condonation application. The applicant, however, did not raise any specific issue or fresh ground in the review petition, merely alleging that the legal and factual aspects were not properly considered. The court held that such a bare allegation does not satisfy the requirement of a valid ground for review as no error apparent on the face of the record was shown. Consequently, the review petition was dismissed. The order was pronounced on 20 April 2026 by Justice Vinod Diwakar.
Issues considered
- Whether the delay in filing a review application can be condoned on the basis of bona fide reasons.
- Whether a review petition can be entertained when the petitioner merely alleges that the legal and factual aspects were not properly considered without raising any fresh ground or showing error apparent on the record.
Subjects
- review petition
- delay condonation
- criminal procedure
- High Court of Allahabad
- error apparent on record
- appellate review
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC REVIEW APPLICATION DEFECTIVE No. - 2 of
2026
Khalid Aziz
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjiv Kumar Dwivedi
Counsel for Opposite Party(s) : G.A., Vipul Kumar Mishra
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
Order on Criminal Misc. Delay Condonation Application No.1 of 2026
1. Heard learned counsel for the applicant and perused the record.
2. The instant application has been filed seeking condonation of delay in
filing the review application.
3. The cause shown for the delay in filing the review application appears to
be bona fide and satisfactory. It has been explained that the delay occurred
due to unavoidable circumstances beyond the control of the applicant.
4. In view of the above, the delay in filing the review application is hereby
condoned. Accordingly, the delay condonation application stands allowed.
Order on Review Application
5. Learned counsel for the petitioner has not pressed any issue in the review
petition, nor has the petitioner raised any fresh grounds in support of the
review application.
6. The only ground taken by the petitioner is that the legal and factual
aspects of the petitioner's case were not properly considered at the time of
final adjudication.
7. Upon perusal of the record, this averment is insufficient to entertain the
review petition, as no error apparent on the face of the record or any valid
new ground has been established by the petitioner.
CRRAD No. 2 of 2026
2
8. In the given circumstances, the review petition is dismissed.
April 20, 2026
Anil K. Sharma
(Vinod Diwakar,J.)
Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad
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