STATE OF U.P. Vs. SHAMBHU NATH YADAV

JUDGEMENT

(1.) 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.

(2.) 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 versus State of U.P. and others, 2010 1 AllLJ 561 , (Special Appeal Defective No. 854 of 2012) relied upon by the High Court in Special Appeal Defective No. 522 of 2011, Gyanendra Kumar versus State of U.P. and others, that the special appeal is not maintainable and may be dismissed as not maintainable.