Bodh Raj vs. State of H.P.
.
Cr. Revision No. of 2023
10.11.2023 Present: Mr. Vivek Chandel, Advocate for the
applicant/petitioner.
Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S. Rawat, Addl. A.G., Mr. Mohinder Zharaick, Addl. A.G and Ms. Leena Guleria, Dy. A.G for the respondent.
Cr.M.P(M) No. 2861 of 2023 r The petitioner has filed the present revision petition against the judgment of conviction dated 15.11.2022 and order of sentence dated 24.11.2022 passed by the learned Judicial Magistrate First Class, Court No.8, Shimla, District Shimla, H.P. (hereinafter referred to as 'the 'learned trial Court'), in Criminal Case No.106-II/2021 in case titled as State of H.P vs. Bodh Raj, which has been upheld by the learned Additional Sessions Judge(1), Shimla, District Shimla, H.P. (hereinafter referred to as 'the 'learned Appellate Court'), in Criminal Appeal No. 2-S/10 of 2023 titled as Bodh Raj vs. State of H.P.
Since the revision petition has been filed after the prescribed period of limitation, as such, present application has been filed for condonation of delay.
Although, in the application, the delay of 18 has been mentioned, however, as per report of the Registry is same is of 21 days. The condonation of delay, in the present case, has been sought on the ground of ailment of the mother of the applicant. In addition to ::: Downloaded on - 10/11/2023 20:40:06 :::CIS this, he has also put forward his distressed .
circumstances for not filing the appeal within the prescribed period of limitation. The application is duly supported by the affidavit of the applicant.
When put to notice, the respondent-State has although not filed the reply to the application, but opposed the prayer made in the same by tooth and nail.
r Cr. Revision No. of 2023 Certain arguable points are involved in the present petition, as such, the same is admitted for hearing.
Call for the records.
Cr.M.PST No. 8443 of 2023 The application is disposed of with a direction to the applicant/petitioner to file certified copy of learned trial Court judgment within a period of six weeks from today.
November 10, 2023 ( Virender Singh )
(naveen) Judge
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