The court condoned an eight-day delay in filing a revision petition, accepting the applicant's explanation of rustic background and lack of awareness regarding limitation periods.
Condonation of the eight days delay in filing the revision petition is granted and the application is disposed of.
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.
Cr. MP(M) No. 316 of 2017
09.08.2017
Present: Mr. Sanjeev Kumar Suri, Advocate, for the applicant/petitioner.
Mr. Virender K. Verma, Addl. AG with Mr. Pushpinder Jaswal, Dy. AG, for respondents No. 1 to 3.
Ms. Sunita Sharma, Advocate, for respondents No. 4 & 5.
Cr. MP(M) No. 316 of 2017
The present application has been maintained by
the applicant/petitioner, under Section 5 of the Limitation Act, for condoning the delay in filing the revision petition. As per the applicant, after receiving the copy of order dated 29.11.2016, wherein bail was granted to the private respondent, in FIR No. 149 of 2016, the applicant approached the counsel at Amb, seeking advice for filing appropriate petition for cancellation of the bail and the counsel apprised him that there are vacation in Hon’ble High Court till 26.02.2017 and the petitioner may approach
the counsel at Shimla after opening of the Court. The applicant being rustic villager, not aware about the limitation and reached the counsel at Shimla on 09.03.2017, due to which delay of 8 days has occurred. The application is duly supported with an affidavit. Reply to the application on behalf of respondents No. 1 to 3 has been filed and respondents No. 4 & 5 adopts the reply filed by respondents
No. 1 to 3, wherein it is alleged that the delay is intentional, willful and all the contents of the application are denied.
Heard. Taking into consideration the fact that the delay has sufficiently been explained and it was not within the control of the applicant for the reasons stated in the application, each days delay has been explained for the reasons given in the application and as stated hereinabove. Consequently, the delay of 8 days, in filing the appeal is condoned. The application stands disposed of.
Cr. Revision No.
Revision petition be registered.
List after two weeks.
(Chander Bhusan Barowalia)
Judge
9th August, 2017 (raman)
1 issue framed by the court
Whether condonation of delay of eight days in filing a revision petition is warranted on grounds of infancy and ignorance of limitation laws.
1 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
