Rajesh v. Vijayakumari
Case brief
What is this about?
The High Court condoned a 77-day delay in filing Criminal Revision proceedings under Section 5 of the Limitation Act, satisfied with the affidavit reasons, and directed listing of the matter.
What did the court decide?
Condonation of 77 days delay allowed; petition to be listed for admission.
What the court decided
Crl.M.P.No.8217 of 2023 and Crl.A.SR No.31367 of 2023
Crl.M.P.No.8217 of 2023 and Crl.R.C.SR.No.23590 of 2023
R.HEMALATHA, J.
This petition is filed under Section 5 of the Limitation Act, to condone the delay of 77 days in filing the Criminal Revision against the Judgment dated 18.08.2022 in Crl.M.P.No.36 of 2022 in M.C.No.8 of 2021 pending on the file of the learned Judicial Magistrate, Uthangarai, Krishnagiri.
- Though notice was served with the respondent and her name is
printed in the cause list, there is no representation for the respondent. This Court is satisfied with the reasons assigned in the affidavit filed in support of this petition. Hence, the petition is allowed.
- Registry is directed to number the Criminal Revision, if it is in
order, and list the matter for admission.
19.09.2023
vum
R.HEMALATHA, J.
Issues for consideration
2 issues framed by the court
Whether condonation of delay under Section 5 of the Limitation Act is permissible for filing a Criminal Revision.
Whether the petition is allowed in absence of representation by the respondent.
Coram
R.Hemalatha
Case details
As recorded by the court registry
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