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Allahabad High Court

MANGE RAMversusState of U.P. AND ANOTHER

Decided
Disposal
Dismissed on merits

Holding

The appeal is dismissed as it is barred by the limitation period.

Summary

Mange Ram filed a first appeal against the State of U.P. after a delay of 24 years and 197 days. He sought condonation of the delay, but the court noted that no explanation was provided for the inordinate lapse despite repeated notices. The court found the appeal to be barred by the limitation period and rejected the condonation application for want of prosecution. Consequently, the appeal was dismissed as time-barred. No substantive merits of the case were considered.

Issues considered

  • Whether the court can grant condonation of delay for an appeal filed after more than 24 years.
  • Whether the appeal is barred by the limitation period.

Subjects

  • limitation
  • delay condonation
  • appeal dismissal
  • criminal procedure
  • appellate jurisdiction

Judgment

Court No. - 16

Case :- FIRST APPEAL DEFECTIVE No. - 18 of 2018
Appellant :- Mange Ram
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Mr Shri Krishna Mishra

Hon'ble Ashwani Kumar Mishra,J.

Order on delay condonation Application

Despite repeated calls, none appears to press this appeal which
is otherwise barred by time by 24 years and 197 days. There is
otherwise no explanation for the inordinate delay in filing the
appeal.

The delay condonation application is accordingly rejected for
want of prosecution.

Order Date :- 5.3.2018
sailesh

.

.

.

Court No. - 16

Case :- FIRST APPEAL DEFECTIVE No. - 18 of 2018
Appellant :- Mange Ram
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Mr Shri Krishna Mishra

Hon'ble Ashwani Kumar Mishra,J.

Since the delay condonation application is rejected and the
appeal is otherwise barred by time, the appeal is also dismissed
accordingly.

Order Date :- 5.3.2018
sailesh


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