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Judgment
6 paragraphs · 270 wordsAnsul, J
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks quashing of the order dated 29.08.2022 passed by learned Additional District and Sessions Judge-V, Vaishali at Hajipur in connection with Cr. Rev. No. 35 of 2021 whereby and where under he has dismissed the Cr. Rev application and affirmed the order dated 22.12.2020 passed by Ms. Hema Kumari, learned J. M. 1st Class, Vaishali whereby and where under she has dismissed the complaint case filed by the petitioner bearing its No. 1113 of 2020 under Section 203 of the code of Criminal Procedure.
The complaint of the petitioner was dismissed on the ground of limitation. The present case is squarely covered by the judgment of Hon ble Supreme Court where the period of limitation from 15.03.2020 to 14.03.2020 was condoned in view of Covid-19 Pandemic.
Considering the same, the order dated 29.08.2022 passed by learned Additional District and Sessions Judge-V, Vaishali at Hajipur in connection with Cr. Rev. No. 35 of 2021 whereby and where under he has dismissed the Cr. Rev application and affirmed the order dated 22.12.2020 passed by Hema Kumar by learned J. M. 1st class, Vaishali whereby and where under she has dismissed the complaint case filed by the petitioner bearing its No. 1113 of 2020 under Section 203 of the code of Criminal Procedure is quashed. Consequently, the complaint is restored to its original file. The learned Magistrate is directed to proceed in the matter and pass fresh order of cognizance on merits condoning the delay.
Accordingly, the present application stands allowed.