Manish Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 459 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                              BEFORE
                           HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                         ON THE 9 th OF JANUARY, 2023
                                     CRIMINAL REVISION No. 4576 of 2022

               BETWEEN:-
               MANISH KUSHWAHA S/O BUDDHSEN KUSHWAHA,
               AGED ABOUT 38 YEARS, OCCUPATION: LABOR, R/O
               CHIROLHA COLONY BEHIND PWD WORKSHOP, REWA
               DISTRICT REWA (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI ASHISH KURMI - ADVOCATE)

               AND
               THE STATE OF MADHYA PRADESH THROUGH P.S.
               PAWAI, DISTRICT PANNA (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI PRAMOD KUMAR CHOUBEY - GOVERNMENT ADVOCATE)

                           This revision coming on for admission this day, th e court passed the
               following:
                                                        ORDER

Heard on I.A. No.23061/2022, an application under Section 5 of

Limitation Act, for condonation of delay of 1141 days in preferring this revision petition.

Learned counsel for the petitioner submitted that the order of conviction from the lower Court has passed on 10.07.2019 but at that time, petitioner was not present in the court, as he went for work outside the village and cannot get information of the same from his advocate and when he returned in lockdown Signature Not Verified Signed by: KAFEEL AHMED ANSARI period, got information from his advocate regarding the said order against him, Signing time: 11-01-2023 10:52:18 but due to lock down in all over the country, he could not get copy from his

advocate and delay has been occurred from filing this revision petition. It is further submitted that due to ailment, the petitioner was unable to prefer the revision. Hence, learned counsel for the petitioner prayed that the application be allowed and the delay be condoned.

Learned Govt. Advocate for the State opposed the prayer and prays for rejection of the application.

On perusal of medical papers filed by the petitioner, it reveals that the petitioner was fallen ill in January, 2022 while the impugned judgment was passed on 10.07.2019.

In view of the aforesaid submissions and after perusal of the application

for condonation of delay of more than 3 years, in the considered opinion of this Court, no sufficient reason has been assigned by the counsel for the petitioner, hence, the application is dismissed. Therefore, I.A. No.23061/2022 is hereby dismissed.

Resultantly, this criminal revision stands dismissed.

(RAJENDRA KUMAR (VERMA)) JUDGE kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 11-01-2023 10:52:18