State Of Chhattisgarh vs Ku. Margrate Philip
2021 Latest Caselaw 2359 Chatt

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                                                                               NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRR No. 548 of 2021
   • State Of Chhattisgarh, Through The Police Station Gandhinagar, District -
     Surguja, Chhattisgarh
                                                                        ---- Applicant
                                       Versus
  1. Ku. Margrate Philip D/o Late M. Philip, Aged About 62 Years R/o. Mahuapara,
     Phundurdihari, Ambikapur, District Surguja, Chhattisgarh
  2. Smt. Swarup Bai Dadsena W/o P.R. Dadsena, Aged About 55 Years R/o. Datta
     Colony, Ambikapur, District Surguja, Chhattisgarh
  3. Radha Govind Tiwari S/o Sachchidand Tiwari, Aged About 54 Years R/o.
     Mayapur, Ambikapur, District Surguja, Chhattisgarh
  4. Anand Mandal S/o Rasik Mandal, Aged About 45 Years R/o. Nehrunagar,
     Ambikapur, District Surguja, Chhattisgarh
  5. Shivpad Vaidhya S/o Late Nagendranath Vaidhya, Aged About 52 Years R/o.
     Nehrunagar, Ambikapur, District Surguja, Chhattisgarh
                                                                     --- Respondents

For Petitioner/State : Mr. Lalit Jangde, Dy. G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 16/09/2021

1. Heard on application (I.A. No.01/2020) for condonation of delay in filing criminal revision which is directed against a judgment of acquittal against charges under Sections 409, 420, 466, 471 read with 34 of IPC.

2. After going through the application for condonation of delay in filing revision, we find the explanation occurred in respect of the part of the period during which the work could not be taken up because of the pandemic situation. However, from May 2020 till April 2021, there is absolutely no explanation offered as to why Officer-in-Charge did not come to submit affidavit to felicitate filing of the revision. The lethargy on the part of the State officials namely the District Collector and Superintendent of Police of District Surguja is apparent on the face of it.

3. Therefore, taking into consideration the entire material and that the revision

seeks to assail a judgment of acquittal after unexplained delay of long time, we are not inclined to condone delay. Application (I.A. No.01/2020) for condonation of delay in filing criminal revision is therefore rejected.

4. The revision is dismissed as barred by limitation.

                      Sd/-                                              Sd/-
          (Manindra Mohan Shrivastava)                         (Vimla Singh Kapoor)
                    Judge                                             Judge

Ravi