Kanuram Deogam vs The State Of Jharkhand
2022 Latest Caselaw 3464 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Revision No. 598 of 2022
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          Kanuram Deogam                                ......  Petitioner
                              Versus
          1. The State of Jharkhand
          2. Mita Bobonga

3. Minor Khushbu Deogam @ Khushbu Deogam ...... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Mr. V. S. Sahay, A.P.P.

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I.A. No. 7334 of 2022

04/30.08.2022 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant I.A. No. 7334 of 2022 has been filed under Section 5 of the Limitation Act for condoning the delay of 9 days in filing the instant Criminal Revision No. 598 of 2022.

3. It has been submitted that the learned counsel for the appellant that there is delay of 9 days in filing Criminal Revision No. 598 of 2022. It is submitted that the petitioner was not aware of the fact that the limitation runs from the date of pronouncement of the order and he is working Gua Mines and it took some time to collect the papers due to which, the Criminal Revision Application has not been filed within time and as such, delay of 9 days in preferring the instant Criminal Revision Application may be condoned.

4. Learned counsel for the State has opposed the limitation petition.

5. Having heard the learned counsel for the petitioner and learned counsel for the State and considering the averments made at para-3, 4 and 5 of the instant Interlocutory application and

taking lenient view, the delay of 9 days in preferring the Criminal Revision No. 598 of 2022 is, hereby, condoned.

6. I.A. No. 7334 of 2022 is allowed and stands disposed of.

Criminal Revision No. 598 of 2022

7. Issue notice to the opposite party no. 2 under registered cover with A/D and ordinary process and for which requisites etc. must be filed within two weeks from today, failing which, this Criminal Revision Application shall stand dismissed without further reference to the Bench.

8. Learned counsel for the petitioner has submitted that the petitioner is ready to deposit Rs. 50,000/- in the Bank Account of the opposite party no. 2-Mita Bobonga and hence operation of impugned judgment may be stayed.

9. Under the circumstances, the petitioner is permitted to deposit Rs. 50,000/- in the Bank Account of the opposite party no. 2-Mita Bobonga within 15 days and the petitioner is further permitted to deposit 50 % of current maintenance amount of Rs. 15,000/- from the next month in the Bank Account of the opposite party no. 2-Mita Bobonga.

10. If the petitioner deposits the said amount by 15.09.2022, the operation of the impugned judgment shall remain stayed till 26.09.2022.

11. Put up this case on 26.09.2022.

(Sanjay Prasad, J.) Kamlesh/