The court considered an application for condonation of delay in filing a criminal revision petition challenging an order summoning the applicant under Section 319 CrPC. Holding the applicant diligent, the permission was accorded.
The application for condonation of delay is allowed, permitting the filing of the revision petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
7-APPR-155-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.155 OF 2017 IN CRIMINAL REVISION APPLICATION (STAMP) NO.161 OF 2017
NANDLAL BALCHAND TATIYA )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Nilesh Tribhuvan, Advocate for the Applicant.
Mr.Ameet Palkar, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 29th MARCH 2017.
P.C. :
1 This is an application for condonation of delay in preferring the revision petition challenging the order passed below Exhibit 56 in Special (Atrocities) Sessions Case No.27 of 2014 whereby the learned trial Judge was pleased to allow the application filed by the prosecution under Section 319 of the Code of Criminal Procedure (Cr.P.C.) and had directed issuance of summons against the present applicant.
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7-APPR-155-2017.doc
2 Heard the learned advocate appearing for the
applicant as well as the learned APP for the State.
3 Initially, the applicant had preferred Writ Petition bearing no.2422 of 2016 seeking to challenge the order below Exhibit 56 passed by the learned trial Judge but subsequently revision petition came to be filed along with the instant application and there is delay in preferring the revision petition challenging the impugned order.
4 Thus, it is clear that the applicant was diligent in prosecuting his remedy albeit under wrong provisions of law. Hence, the applicant has established sufficient cause in not approaching this court within the prescribed time.
5 In this view of the matter, the application is allowed.
The delay in preferring the revision petition is condoned.
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1 issue framed by the court
Whether sufficient cause exists to condone the delay in filing an application for condonation of delay in filing a criminal revision application.
Nandlal Balchand Tatiya
The State of Maharashtra
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
