High CourtsSingle Bench

Kalu Ram vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 20 February 2020 · Citation: (2020) 02 RAJ CK 0375

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 — Section 5
RESULT
Dismissed
CASE NUMBER
Criminal Revision Petition No. 218 Of 2020
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Judgment

13 paragraphs · 244 words

As per office report, this criminal revision petition is barred by 345 days. An application under Section 5 of the Limitation Act has been filed on behalf

of the petitioner with a prayer to condone the delay of 345 days in filing the present criminal revision petition.

In the application, it is averred that the petitioner came to know about the impugned order dated 28.02.2019 passed by the Judicial Magistrate, Pipar

City, District Jodhpur (hereinafter to be referred as ‘the trial court’) in the month of September, 2019 only.

It is also averred that the petitioner was not in touch with his counsel and was not aware about the stage of the criminal case filed by him before the

trial court. It is further submitted that the petitioner was under treatment for quite long time and, therefore, the delay in filing the present criminal

revision petition be condoned.

The petitioner has not given details about the treatment undergone by him and has also not given any detail about his stay in hospital for the purpose of

surgery and operation.

This Court is of the opinion that the delay of 345 days in filing the present criminal revision petition has not been explained satisfactorily by the

petitioner, hence, no case for condoning the delay in filing the present criminal revision petition is made out.

Accordingly, the application under Section 5 of the Limitation Act is rejected.

Consequentially, the present criminal revision petition is also dismissed.