Arvind Kumar @ Arvind Kr. v. The State of Bihar
Condonation of delay – Section 5, Limitation Act
Case brief
What is this about?
Arvind Kumar v. State of Bihar & Anr., Patna HC CR. REV. No.508 of 2024 (decided 07-05-2025, Bibek Chaudhuri, J.). Application under Section 5 of the Limitation Act for condonation of a 305-day delay in filing a criminal revision arising from a maintenance claim in East Champaran was dismissed: the explanation that the petitioner's cousin brother (entrusted with the case while the petitioner worked as a Loco Pilot in Madhya Railway, Bhuswal) suffered from jaundice was found doubtful and false, unsupported by any medical document; sufficient cause not established; revision held barred by limitation and dismissed. Keywords: condonation of delay; Section 5 Limitation Act; sufficient cause; liberal approach; day-to-day explanation not required; medical documents; revision barred by limitation; dismissal of criminal revision.
What did the court decide?
In disposing of a petition for condonation of delay the Court takes a liberal approach: the applicant need not provide a day-to-day explanation of the delay, but a reasonable and plausible explanation is expected so that judicial discretion can be exercised.