The Allahabad High Court Thursday rejected a criminal revision plea challenging a lower court’s 2021 order dismissing an application seeking registration of a case against Deputy Chief Minister Keshav Prasad Maurya for using alleged fake educational certificates in election affidavit.
The high court dismissed the application filed by the revisionist seeking condonation of delay in filing of the revision and requesting the court to hear the petition on merit.
Justice Samit Gopal also dismissed the delay condonation application filed along with criminal revision petition by Diwakar Nath Tripathi requesting the court to set aside an order passed by the additional chief judicial magistrate (ACJM), Prayagraj, on September 4, 2021.
The ACJM order was challenged before the high court after a delay of 327 days.
The court on the delay condonation application observed, “There is no ground taken in the application for condonation of delay and the affidavit in support of it to show that there has been seriousness by the revisionist in pursuing the matter.”
“The averments in the affidavit in support of the application for condonation of delay are vague and unsubstantiated submissions. The revisionist has failed even remotely to demonstrate sufficient cause for condonation of delay,” added the court.
The high court while dismissing the application observed, “This Court views the applicant to be casual, non-serious and non-vigilant in preferring the present revision. Thus looking to the entire facts as stated above and the law as culled out along with fact of non-prejudice, this Court is of the opinion that the application for condonation of delay is without any cogent reason, convincing justification and substantiated material and as such is not inclined to condone the delay.”
“Since the application for condonation of delay is dismissed, the revision also would not survive and is also consigned to records,” observed the court.
Petitioner Tripathi had moved an application before the ACJM, Prayagraj under section 156(3) of the Criminal Procedure Code requesting it to direct registration of a criminal case against the Uttar Pradesh Deputy CM for using fake educational certificates in election affidavit and also for obtaining a petrol pump.
