Sojan vs Rajeev
2021 Latest Caselaw 20915 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MRS. JUSTICE MARY JOSEPH
           Wednesday, the 6th day of October 2021 / 14th Aswina, 1943

    CRL.M.A.NO.1/2021 IN UNNUMBERED CRL.RP.... OF 2021(FILING NO. 3530/2021)

C.C.NO.1106/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR.

CRL.A.NO.265/2004 OF THE ADDITIONAL SESSIONS COURT-III, KOLLAM.

  REVISION PETITIONER/APPELLANT/ACCUSED

       SOJAN, AGED 47 YEARS, S/O. SURENDRAN, THONDIYARA PUTHEN VEEDU,
       PALAMUKKU, ANCHAL, KOLLAM.

  RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE

     1. RAJEEV, AGED 46 YEARS, S/O. SAHADEVAN, EDAYILA NETTAYATHU VEEDU,
        PALAMUKKU, ANCHAL, KOLLAM.
     2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
        KERALA, ERNAKULAM - 682 031.


       Application praying that in the circumstances stated in the
  affidavit filed therewith the High Court be pleased to condone delay of
  1704 days in filing the revision petition.




       This Application coming on for orders upon perusing the application
  and the affidavit filed in support thereof and upon hearing the arguments
  of Mr.VINOY VARGHESE KALLUMOOTTILL, Advocate for the petitioner and the
  Public Prosecutor for the 2nd respondent, the Court passed the following:




                                                                  P.T.O
                           MARY JOSEPH, J.
                        ============
                      Crl.M.A.No.01 of 2021
                                 in
                  unnumbered Crl.R.P. of 2021
                     (filing No.3530 of 2021)
                ======================
             Dated this the 06th day of October, 2021

                               ORDER

This petition is filed under Section 482 of Code of Criminal

Procedure, 1973 (for short 'Cr.P.C') seeking to condone the delay

of 1704 days' in filing the revision petition.

2. In the affidavit filed in support of the application it has

been stated that the petitioner was out of station in connection

with his employment and therefore was unable to follow up the

progress of the proceedings of the case before the appellate

court. Though the appeal was dismissed, he was not made aware

of it. Much later only, he came to know about the disposal of the

appeal but by that time, time period fixed by the statute for filing

the revision was over. Thus, he could file the revision only after

1704 days' from the date of passing of the judgment in the

appeal. The delay is now sought to be condoned.

3. Notice was served to the 1st respondent but he did not

enter appearance. The delay being inordinate and convincing Crl.M.A.No.01 of 2021 in

(filing No.3530/2021)

reason having not been furnished in the affidavit

accompanying the application, this Court is inclined to allow

the application and to condone the delay, only on terms.

In the result, the application stands allowed and delay of

1704 days' stands condoned only on making a deposit of

Rs.1,500/- (Rupees One thousand and five hundred only) by

the petitioner before the Kerala State Mediation and

Conciliation Centre functioning at High Court of Kerala,

Ernakulam and producing a receipt on 11.10.2021.

sd/-

MARY JOSEPH JUDGE NAB

06-10-2021 /True Copy/ Assistant Registrar