CRLR/750/2024
2025 Latest Caselaw 4822 UK

Uttarakhand High Court

CRLR/750/2024 on 13 October, 2025

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                                                                                     2025:UHC:9097

                               CRLR No.750 of 2024

                               Hon'ble Ashish Naithani, J.

Mr. Sachin Panwar, learned counsel for the Revisionists.

2. By means of the present criminal revision filed under Section 438 read with 442 of the BNSS, the Revisionists are challenging the judgment and order dated 27.09.2024, passed by the court of learned Additional Sessions Judge, Kotdwara, District Pauri Garhwal in Misc. Criminal Case No.21 of 2024, "Jayvardhan Singh and another Vs. Smt. Mamta Devi", whereby the learned court below had dismissed the application of the Revisionists under Section 5 of the Limitation Act.

3. Learned counsel for the Revisionists has confined his prayer and submits that this Court may kindly remit the matter and direct the learned counsel below to hear the Revisionists on the merits of the delay condonation application.

4. The prayer made by the Revisionists appears to be innocuous in nature.

5. Accordingly, present criminal revision is allowed. The order dated 27.09.2024 passed by the court below is hereby set aside. The matter is remitted back to the court of learned Additional Sessions Judge, Kotdwara, Pauri Garhwal, with the direction to hear the Revisionists in detail after affording them reasonable opportunity of being heard.

(Ashish Naithani, J.) 13.10.2025 Nitesh/