M.G.Ramamurthy Reddy vs The State Of Andhra Pradesh
2023 Latest Caselaw 204 AP

       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
             CRIMINAL PETITION No.901 of 2022

ORDER:

The petitioner had initially filed a complaint against the

2nd respondent herein alleging offences under Sections 465, 466

and 468 of I.P.C. This complaint, which was numbered as

C.F.4048 of 2011 in the Court of the IV Additional Judicial

Magistrate of First Class, Chittoor, was dismissed by the trial

Judge on 14.09.2011 on the ground that necessary sanction

under Section 195 of Cr.P.C had not been obtained.

2. Aggrieved by the said order, the petitioner moved the

erstwhile High Court of A.P., by way of W.P.No.3251 of 2012.

This writ petition was withdrawn on 13.10.2014 on the ground

that wrong forum had been approached.

3. Thereafter, a revision was filed before the Principal

Sessions Judge, Chittoor, under Section 397 of Cr.P.C along

with Crl.M.P.No.831 of 2018, filed under Rule 127 of Criminal

Rules of Practice, for condonation of delay of 2280 days in filing

the Criminal Revision Case. This application was dismissed by

the Revisional Court on 28.05.2020. Aggrieved by the said order

of dismissal, the petitioner had approached this Court, by way of

the present Criminal Petition.

4. The case of the petitioner is that he had entrusted

the case bundle to an advocate in Chittoor, to file the revision

and had not followed up with the said advocate. The petitioner

was unaware of the fact that the said advocate had not filed the

revision petition, and had consequently moved the revisional

Court in the year 2018.

5. The revisional Court after taking into consideration

the fact that the petitioner was a law graduate, who had earlier

worked as Welfare Inspector and had subsequently started

practice as an advocate, had rejected the petition holding that

the petitioner could not be unaware of the non-filing of the

revision by the counsel, appointed by him. The revisional Court,

on that basis, had rejected the application for condonation of

delay.

6. Sri B.Parameswara Rao, learned counsel appearing

for the petitioner would submit that the period up to 13.10.2014

requires to be condoned as the petitioner had approached the

wrong forum on the basis of wrong advice. He would also submit

that the petitioner was under a bonafide impression that his

advocate in Chittoor had filed a revision and the petitioner

cannot be non-suited on the ground that his advocate had not

filed the case.

7. Sri B.Parameswara Rao would also rely upon a

Judgment of the Hon'ble High Court of Allahabad in Balpreet

Singh vs State of Uttar Pradesh and Another1. In this

judgment, a learned single Judge of the Hon'ble High Court of

Allahabad, after reviewing the law, had held that the purpose of

permitting condonation of delay is to ensure that cases are

decided on merits and a liberal view should be taken while

disposing of applications for condonation of delay.

8. The revisional Court has pointed out the fact that

the petitioner was a law graduate, who had earlier worked as a

Welfare Officer, which definitely makes him a person who is

more aware of the legal process than a normal litigant. It must

also be noted that the petitioner had subsequently taken up

practice as an advocate. In such circumstances, it is extremely

difficult to believe that the petitioner was unaware of the fact

that his counsel has not filed a revision. While the Courts ought

to take a liberal view in relation to applications for condonation

of delay, the said principle cannot be extended to the extent

where parties who do not protect their rights and sleep over

them for years together, should also be given benefit of

condonation of delay.

2018 Law Suit (ALL) 3496

9. I do not find any reason to interfere with the

discretion exercised by the revisional Court in this matter.

10. For all the aforesaid reasons, this Criminal Petition

is dismissed.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

18.01.2023 RJS

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.901 of 2022

18.01.2023

RJS