SHAMBHOO NATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned AGA and perused the record.

(2.) The appellant Shambhoo Nath has preferred this appeal against the order dated 10-11-2008 passed in Misc. Case No. 40 of 2006, by the learned Additional Sessions Judge, Fast Track Court No. 2, Bhadohi, whereby the learned lower court has rejected the appellant's application for recall of the orders dated 22-9-2006 and 7-10-2006.

(3.) As per the office report, the appeal is time barred. The learned counsel for the appellant submitted that the appellant has filed a petition under section 482 Cr.P.C. well within the time but the petition was found incompetent and Hon'ble Ravindra Singh J. passed the order dated 3-2-2009 directing the appellant to convert the petition as a criminal appeal. Accordingly the appellant filed the instant criminal appeal. The record of the Criminal Misc. Case No. 2337 of 2009 filed under section 482 Cr.P.C. have also been annexed with this appeal. In my opinion, the appellant has properly explained the delay and has given sufficient causes for condonation of the delay. Accordingly the delay is condoned.