This petition under Section 482 Cr.P.C. sought to set aside orders dismissing a condonation application and summoning petitioners. The Court dismissed the plea, finding the delay in filing the petition unsatisfactory and unfounded.
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C.R.M-M No.10407 of 2013 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R.M-M No.10407 of 2013 (O&M) Date of decision : 02.04.2013
Gurmukh Singh and another
...... Petitioners
Versus
Gurdeep Singh
...... Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
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Present : Mr. N.K. Vadehra, Advocate for the petitioners.
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AJAY TEWARI, J. (Oral)
Prayer in the present petition filed under Section 482 of the Cr.P.C. is for setting aside the order dated 03.01.2013 passed by the Additional Sessions Judge, Gurdaspur, whereby the application for condonation of delay has been dismissed and also for setting aside the order dated 04.05.2012 passed by the Judicial Magistrate, Ist Class, Batala, whereby the petitioners have been summoned under Sections 420, 467, 468, 471 and 120-B IPC.
Brief facts of the case are that on 20.10.2012 i.e. after 05 months and 16 days, the plea taken by the petitioners was that they came to know about the order only on 07.07.2012. Thereafter, the brief was
C.R.M-M No.10407 of 2013 (O&M)
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misplaced in the office of the counsel and therefore there was a delay.
From a perusal of the record, it appears that as per the averments of the petitioners themselves the brief was misplaced on 17.09.2012. Even thereafter the petitioners filed the petition only on 20.10.2012 i.e. after 01 month and 03 days. In the circumstances, no fault can be found with the impugned orders holding that the petitioners have not been able to satisfactorily explain the delay.
Consequently, the petition is dismissed.
( AJAY TEWARI ) April 02, 2013 JUDGE ashish
2 issues framed by the court
Whether the petitioners satisfied the court regarding the condonation of delay in filing the petition.
Whether the impugned orders holding that the petitioner failed to explain delay should be set aside.
Gurmukh Singh and another
Gurdeep Singh
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
