Criminal Revision Petition seeking condonation of 1,507 days delay filed under CrPC. Court found petitioner's explanation for delay unbelievable and rejected I.A. for condonation. Petition dismissed.
Petitioner's application for condonation of delay and the criminal revision petition were dismissed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION NO.1400 OF 2021
BETWEEN:
Bettashetty Aged about 65 years S/o. Sannashetty R/at Neralaguppe Grama Hunsur Taluk Mysuru District-571 105
…Petitioner
(By Sri P.Nataraju, Advocate)
AND:
The State of Karnataka By Sub-Inspector of Excise Hunsur Sub-Division Hunsur Mysuru District Represented by State Public Prosecutor High Court Building Bengaluru-560 001 …Respondent
(By Sri K.S.Abhijith, HCGP)
This Criminal Revision Petition is filed under Section 397(1) read with Section 401 of the Criminal Procedure Code to set aside the judgment and order passed by the Learned Civil Judge and JMFC at Hunsur in C.C.No.595/2011 dated 31.12.2015 and the Order passed by the Learned VIII Additional District and Session Judge, Mysuru, sitting at Hunsur in Crl.A.No.53/2016 dated 03.08.2017 and remand the
:: 2 ::
matter to the First Appellate Court to dispose of the appeal in accordance with law, by allowing this Revision Petition.
This Criminal Revision Petition coming on for orders through video conferencing this day, the Court made the following:
O R D E R
Heard Sri. P.Nataraju, learned counsel for the petitioner on I.A.No.2/2021 filed under Section 5 of the Limitation Act for condoning the delay of 1,507 days in filing this revision petition.
I have perused the affidavit filed along with the application. It is stated that because of the communication gap between the petitioner and his counsel, he could not come to know about the order passed by the appellate Court and that he came to know about it only when the Police came near his house in last week of November 2021. Immediately, he contacted his counsel, verified the records and came to know that the appeal was dismissed for default on 03.08.2017 itself.
:: 3 ::
It is to be noted that even though he came to know about the dismissal of the appeal in the last week of November 2021, it is not understandable as to why he waited till 18.12.2021 for filing this revision petition. The appeal was dismissed for default on 03.08.2017 itself. The reason given by the petitioner is not believable. Already, the connected criminal revision petition, i.e., Crl.R.P. No.1403/2021 filed by the petitioner has stood dismissed on the ground of delay.
Therefore, the application, I.A.No.2/2021 for condonation of delay is dismissed. Consequently, the criminal revision petition is also dismissed.
I.A.No.1/2021 for suspension of sentence is also dismissed as the same does not survive for
consideration.
Sd/-
JUDGE
RB
2 issues framed by the court
Whether the delay of 1,507 days in filing the criminal revision petition could be condoned under Section 5 of the Limitation Act.
Whether the criminal revision petition should be dismissed for failure to condone delay.
2 provisions across 2 enactments
Bettashetty
State of Karnataka
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
