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Allahabad High Court · body

2015 DIGILAW 115 (ALL)

STATE OF U. P. v. SHAMBHU NATH YADAV, CONSTABLE 47807 P. A. C.

2015-01-17

RAKESH TIWARI, VIJAY LAKSHMI

body2015
JUDGMENT By the Court.—Heard learned counsel for the parties on Delay Condonation Application and perused the affidavit filed in support of the delay condonation application. Cause shown for delay in filing the special appeal is sufficient. The Application for Condonation of Delay is allowed. The delay is accordingly, condoned. 2. Heard learned counsel for the parties on merit of the appeal also and perused the record. 3. Learned counsel for the respondents states that the appellants have also filed revision against their grievance. He further states that in view of the full Bench judgment of this Court in Sheet Gupta v. State of U.P. and others, 2010(1) ADJ 1 (FB) (Special Appeal Defective No. 854 of 2012) relied upon by the High Court in Special Appeal Defective No. 522 of 2011, Gyanendra Kumar v. State of U.P. and others, that the special appeal is not maintainable and may be dismissed as not maintainable. 4. Learned counsel for the appellants does not dispute this fact. 5. Accordingly, the appeal is dismissed as not maintainable. Stay order, if any, stands vacated. ———————