Rakesh Kumar vs State of Jharkhand

Learned counsel for the petitioner seeks permission to carry out necessary correction in paragraph 3 of Limitation petition (I.A. No. 1649 of 2021), wherein, delay has been mentioned as 420 days instead of 460 days.

Permission is accorded for carrying out the necessary correction in paragraph 3 of the application.

I.A. No. 1649 of 2021 ...

This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 460 days in preferring the present revision.

Learned A.P.P. has not raised any serious objection.

Heard. In view of the reason assigned in paras-4 to 6 sufficient cause and reasonable explanation is made out, accordingly the delay is condoned.

In the result, I.A. No. 1649 of 2021 stands allowed.

I.A. No. 1559 of 2021 ...

This interlocutory application has been filed with a prayer to grant exemption to the petitioner from surrendering in the court below and filing the surrender certificate, as mandated under Rule 159 of the High Court of Jharkhand Rules, 2001.

Learned A.P.P. has opposed and submitted that no exceptional ground or sufficient cause is made out.

Learned counsel for the petitioner has submitted that during the pendency of the present Criminal Revision application on the intervention of friends, well-wishers and relatives, both the parties have amicably settled and compromised the matter and the petitioner is ready to pay the agreed amount to the opposite party no. 2.

Mr. Vikash Kumar, learned counsel submits that he has received the instructions in the matter and he will file 'vakalatnama' on behalf of the opposite party no. 2 and has not controverted the fact that the matter has been amicable settled and the parties have entered into a compromise.

Heard. Considering, the fact, that both the parties have amicably settled the matter, the petitioner is, hereby, exempted from surrendering in the court below and filing the surrender certificate in terms of Rule 159 of the High Court of Jharkhand Rules, 2001 till the next date i.e. 19.04.2021.

In the result, I.A. No. 1559 of 2021 stands allowed.

Cr. Revision No. 107 of 2021 ...

Office to list the revision under the appropriate heading on 19.04.2021.