State of U.P. and Anr. v. Sanjay Kumar and Another

In a recent Supreme Court judgement, the petition filed by the State of U.P. and Anr. against Sanjay Kumar and Another has been dismissed. The delay of 1,633 days in filing the petition was not condoned due to lack of diligence. The Court found no sufficient cause for the delay. Stay tuned to learn more about the implications of this decision.

Facts

• The petitioner-State filed an application seeking condonation of delay of 1,633 days in filing the present petition.
• The delay was attributed to the file being put up before the Competent Authority in Bareilly for the first time on 13.04.2011, even though permission had been granted by the State Government in 2011.
• The petition challenges the order passed by the Division Bench of the High Court on 13.11.2009.

Also Read: Case Summary: Legal Battle Between Appellants and Respondents

Arguments

• The petitioner-State mentioned an identical case involving the same question of law titled ‘State of U.P. & Anr. vs Vinod Kumar Tripathi & Ors.’ which was dismissed by the Court on 19.01.2016.
• There is no sufficient cause for the 1,633 days delay in filing the present petition.

Also Read: T.R. Vijayaraman and B. Kanagarajan v. C.B.I. and Indian Bank

Analysis

• The petition referenced was dismissed both on account of delay and on merits.
• The explanation for condoning the delay of 1,633 days was deemed unacceptable, as the petitioner-State had appeared before the High Court and been heard before the impugned order was passed.
• The case was not properly followed up at any stage, indicating lack of diligence.
• The actual cause title of the Special Leave Petition (Civil) No. 21120 of 2013 is ‘State of U.P. and others v. Sanjay Kumar and another’.
• The delay in filing the petition was attributed to entrusting the matter to counsel.
• The petitioner-State inaccurately referenced a different case involving ‘State of U.P. & others v. Vinod Kumar Tripathi & others’, where a similar issue was claimed to be pending after delay condonation and issuance of notice.

Also Read: Landmark Supreme Court Order: Shivani Tyagi v. State of U.P. & Anr. – Acid Attack Convictions Revisited

Decision

• Special Leave Petition dismissed
• Application for condonation of delay dismissed

Case Title: STATE OF U P Vs. MOHAN LAL (2024 INSC 375)

Case Number: SLP(C) No.-025032-025032 – 2014

Click here to read/download original judgement