Dilip Bouri vs The State Of Jharkhand
2023 Latest Caselaw 4053 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Revision No. 1073 of 2023
Dilip Bouri                               ..... ...... Petitioner
                                  Versus
The State of Jharkhand                       .... .... Opp. Party
                                  ------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P.

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th Order No.04 /Dated: 18 October, 2023

1. Learned counsel for the petitioner and learned Spl.PP for the State are present.

2. The counter affidavit is filed on behalf of the State and the same is taken on record.

I.A. No.8119 of 2023

3. The instant Interlocutory Application has been preferred for condonation of delay of 3546 days in preferring this Criminal Revision against the impugned order.

4. Learned counsel for the petitioner has submitted that the reason for delay in preferring this Criminal Revision is explained in paragraph No.5 onwards, wherein it has been submitted that the petitioner is the driver of the truck and the owner of the truck had taken the signature/ thumb impression of the petitioner to prefer this Criminal Revision against the impugned judgment passed by the learned appellate Court.

5. In paragraph Nos.6 and 7, it is stated that the owner, namely, Santosh Kumar has preferred Criminal Revision No. 891 of 2011 on his own behalf, which was disposed of on 19.01.2023 and the petitioner came to know that the owner had filed Criminal Revision on his own behalf alone and the same was not preferred on behalf of the petitioner, which is enclosed as Annexure-3 to the Revision Application. When the police had made search of him, he surrendered before the learned Court below on 31.07.2023, the surrender certificate is Annexure-4 to this Criminal Revision. As such, the delay of 3546 days in preferring this Criminal Revision may be condoned, which is quite bonafide and not deliberate.

6. The learned Spl.PP appearing on behalf of the State opposed the contentions made by the learned counsel for the petitioner.

7. The ground shown in the instant Interlocutory Application is found sufficient.

8. In view of the submissions made and also taking into consideration that the petitioner has already surrendered before the learned Court below in order to decide this Criminal Revision on merits, the delay of 3546 days in preferring this Criminal Revision against the impugned order is hereby condoned.

9. In consequence thereof, I.A. No.8119 of 2023 is disposed of. Cr. Revision No. 1073 of 2023

10. Admit.

11. Office is directed to call for the scanned copy of Lower Court Records.

12. List this case for hearing on 08.11.2023.

(Subhash Chand, J.) Madhav/-