Court No. - 52 CRIMINAL MISC. DELAY CONDONATION APPLICATION NO. 27357 OF 2010 IN Case :- CRIMINAL REVISION DEFECTIVE No. - 56 of 2010 Petitioner :- Smt. Saroj Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- V.S. Rajpoot Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
The present revision has been filed against judgment and order of acquittal
dated 04.07.2009. The allegation was that husband of the complainant was
labourer who was engaged by the opposite party nos. 2 and 3 and two other
persons. They asked him for repair of the fault at pole in the electricity line
supplying 11000 volt current. While the husband of applicant was working
some one switched on the line and due to supply of electricity he died on the
spot. He was hanging on the pole. However, the opposite party nos. 2 and 3
and two other persons left the place of the incident. Two persons were already
expired and opposite party nos. 2 and 3 were acquitted though they were
responsible for death and offence was made out under Section 304 I.P.C. The
revision is reported to beyond time by 119 days. As per statement in the
application and affidavit, after decision of the court dated 04-07-2009,
applicant could not contact his counsel till 23-10-2009 and when he inquired
she was informed by the counsel that she might file revision against acquittal
before High Court. Thereafter, she again contacted his counsel on 30-11-
2009. Since the applicant is a poor lady hence she could not arrange the
money for a long time, hence after making arrangement she came on
23.01.2010 for filing the present revision.
In view of the aforesaid fact there is no proper explanation regarding the
delay. The judgment is dated 04.07.2009. However, the revision has been
filed on 29.01.2010, hence the application for condonation of delay is hereby
rejected.
Order Date :- 2.2.2010
SKG
Court No. – 52
Case :- CRIMINAL REVISION DEFECTIVE No. – 56 of 2010
Petitioner :- Smt. Saroj Devi
Respondent :- State Of U.P. & Others
Petitioner Counsel :- V.S. Rajpoot
Respondent Counsel :- Govt. Advocate
Hon’ble Arvind Kumar Tripathi,J.
Since the application for condonation of delay is rejected, hence the present
revision is also rejected being barred by time.
Order Date :- 2.2.2010
SKG