Citation : 2023 Latest Caselaw 2380 Jhar
Judgement Date : 19 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 265 of 2023
Abhijit Ravi Das @ Abhijeet Kumar Das --- --- Petitioner
Versus
1.The State of Jharkhand
2.Rajni Das --- --- Opposite Parties
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Shekhar Prasad Sinha, Advocate For the State : Mr. Fahad Alam, A.P.P.
I.A. No. 4476 of 2023
05/19.07.2023 Heard learned counsel for the petitioner and the learned A.P.P. on I.A. No. 4476 of 2023.
It is submitted on behalf of the petitioner that the instant interlocutory application has been filed for condonation of delay of 154 days in preferring the instant criminal revision which is directed against the judgment dated 29.06.2022 passed in connection with Original Maintenance Case No. 59 of 2019 by the court of learned Principal Judge, Family Court, Jamtara. It is submitted on behalf of the petitioner that the impugned order is an ex parte order. It is further submitted that due to death of father of the petitioner on 26.07.2022 due to train accident necessary steps could not be taken by the petitioner as a result of which this criminal revision could not be filed within the stipulated period, which has occasioned the delay which is not intentional and there is no willful default on the part of the petitioner and if the delay is condoned, petitioner would suffer irreparably.
Learned A.P.P. is present on behalf of the State. Having considered the submission of learned counsel for the parties and the reasons assigned in the instant interlocutory application, delay is condoned. I.A. No. 4476 of 2023 is allowed.
Issue notice upon the opposite party no.2 under ordinary process and registered cover with A/D for which requisites etc. must be filed within two weeks, failing which, this application shall stand dismissed without further reference to the Bench.
Rule is made returnable on 20.09.2023. Put up this case on 20.09.2023.
(Navneet Kumar, J.) A.Mohanty
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