Jharkhand High Court
Janki Devi vs The State Of Jharkhand on 17 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 271 of 2019
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Janki Devi ...... Petitioner
Versus
1. The State of Jharkhand
2. Manmohan Sahu ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Anil Kumar Sinha, Advocate
For the State : Mr. Santosh Kumar, Tiwari, A. P. P.
For the O. P. No. 2: Mr. Pankaj Verma, Advocate
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I.A. No. 2605 of 2020
07/17.11.2022 Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party no.
2.
2. The instant I.A. No. 2605 of 2020 has been filed under
Section 5 of the Limitation Act for condoning the delay of 660
days in filing the instant Criminal Revision No. 271 of 2019.
3. It has been submitted by the learned counsel for the
petitioner that there is delay of 660 days in filing Criminal
Revision No. 271 of 2019. It is submitted that the petitioner was
not aware with regard to the order passed by the learned Court
below and the opposite party no. 2 is the practicing Advocate of
Civil Court, Lohardaga. Learned counsel for the petitioner has also
referred the circumstances for the delay for filing the Criminal
Revision Application mentioned at para-11, 12, 13, 14, 15 and 19
of the Interlocutory Application are as follows:-
"11. That thereafter the petitioner came to his Counsel for filing the Revision
Application on 14.02.2018 and after going through the documents the Learned
Counsel demanded other documents in respect of both cases as well as the
Judgment passed in Bhandra P.S. case no. 47 of 2014.
12. That petitioner humbly submit and state that she without any delay
contacted, with the help of her brother Birendra Sahu, to the Learned Counsel
Sri Munindra Prasad and got the other relevant documents of these cases as
well as the certified copy of the Judgment dated 05.02.2018, passed in Bhandra
P.S. case no. 47 of 2014 and the same has been handed over to the Learned
Counsel on 18.02.2018.
13. That thereafter the petitioner has moved earlier, before this Hon'ble court
for challenging the both Impugned orders passed in Cr. App. No. 72 of 2013
and Cr. App. no. 13 of 2014 in Cr. Rev. 228 of 2018 on 19.02.2018.
14. That thereafter the above said Cr. Rev. 228 of 2018 was heard on 18-12-
2018 and the Hon'ble court please to observe that:-
"In the circumstances, therefore, this revision application is restricted only to
Cr. Appeal no. 72 of 2013 which arises out of the Judgement passed by the
Learned Trial court in Bhandra P.S. case no, 29 of 2003.
So far as Cr. Appeal no. 13 of 2014 is concerned, liberty is given to the
petitioner to challenge the said order in a separate revision application."
15. That thereafter petitioner had applied for the certified copy of the above said
order on 03.01.2019 and got the same on 08.01.2019.
19. That thereafter when the instant revision application was ready then the
petitioner was called for swearing the affidavit and petitioner came on
05.03.2019 and without any delay the instant revision application was filed
without any delay on 06.03.2019."
It is submitted that in view of the above fact, delay of 660
days in preferring the instant Criminal Revision Application may
be condoned.
4. On the other hand, learned counsel for the State has raised
no objection.
5. On the other hand, learned counsel for the Opposite Party
no. 2 has also raised no objection on the limitation matter.
6. In view of the averments made at para- 11, 12, 13, 14, 15
and 19 of the instant Interlocutory Application and taking lenient
view, the delay of 660 days in preferring the Criminal Revision
No. 271 of 2019 is, hereby, condoned.
7. I.A. No. 2605 of 2020 is allowed and stands disposed of.
Criminal Revision No. 271 of 2019
8. Learned counsel for the opposite party no. 2 prays for two
weeks' time to file counter affidavit.
9. Put up this case after two weeks.
(Sanjay Prasad, J.)
Kamlesh/
