Case Note & Summary
The petitioners filed a criminal revision application before the Sessions Court challenging a Magistrate's order dated 10th June 2004 which rejected their discharge application. There was a delay of 76 days in filing the revision, and the petitioners filed a separate application for condonation of delay. The Additional Sessions Judge rejected the condonation application by order dated 7th February 2005. The petitioners then approached the High Court by way of a criminal writ petition. The High Court considered the submissions of both sides. The petitioners' counsel argued that the delay was satisfactorily explained in the application, while the respondent opposed it. The High Court found that sufficient cause was set out in the application and held that a liberal and justice-oriented approach should be adopted. The prejudice to the respondent could be compensated by costs. Accordingly, the High Court quashed the Sessions Court's order, condoned the delay subject to payment of Rs.5,000/- as costs to the respondent, and directed the Sessions Court to decide the revision application on merits.
Headnote
A) Criminal Procedure - Condonation of Delay - Section 5 of Limitation Act, 1963 - Delay of 76 days in filing criminal revision application - Court held that while considering application for condonation of delay, the court ought to adopt a liberal and justice-oriented approach; prejudice caused to respondent could be compensated by awarding costs - Delay condoned subject to payment of Rs.5,000/- as costs (Paras 5-6).
Issue of Consideration
Whether the delay of 76 days in filing criminal revision application should be condoned when sufficient cause was shown and prejudice could be compensated by costs.
Final Decision
The impugned judgment and order dated 7th February 2005 is quashed and set aside. Delay in filing criminal revision application Stamp No.5034 of 2004 is condoned subject to the petitioners paying a sum of Rs.5,000/- by way of costs to respondent no.1. The Sessions Court is directed to decide the revision application on merits.
Law Points
- Condonation of delay
- liberal approach
- sufficient cause
- prejudice compensated by costs
Case Details
2005 LawText (BOM) (02) 262
Criminal Writ Petition No. 429 of 2005
Mr. Ashish A. Aversekar i/b Rajendra Shirodkar for Petitioners, Ms Sarita A. Mishra i/b Laxman P. Kamal for Respondent no.1, Ms M.M. Deshmukh, APP for State
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Nature of Litigation
Criminal writ petition challenging rejection of application for condonation of delay in filing criminal revision application.
Remedy Sought
Petitioners sought setting aside of the order rejecting condonation of delay and condonation of delay in filing criminal revision application.
Filing Reason
The petitioners' application for discharge was rejected by the Magistrate on 10th June 2004; they filed a criminal revision application with a delay of 76 days, and the Sessions Court rejected their condonation application.
Previous Decisions
The Magistrate rejected the discharge application on 10th June 2004; the Additional Sessions Judge rejected the condonation of delay application on 7th February 2005.
Issues
Whether the delay of 76 days in filing criminal revision application should be condoned.
Submissions/Arguments
Petitioners: Delay was satisfactorily explained in the application; delay of only 76 days deserves to be condoned.
Respondent no.1: Sufficient cause was not made out.
Ratio Decidendi
While considering an application for condonation of delay, the court ought to adopt a liberal and justice-oriented approach; prejudice caused to the opposite party can be compensated by awarding costs.
Judgment Excerpts
In my view, while considering the application for condonation of delay, the learned Additional Sessions judge ought to have adopted a liberal and justice oriented approach.
The prejudice caused to the Respondent no.1 by grant of the application could have been compensated by awarding costs to him.
Procedural History
Magistrate rejected discharge application on 10th June 2004. Petitioners filed criminal revision application with 76 days delay and application for condonation. Additional Sessions Judge rejected condonation on 7th February 2005. Petitioners filed Criminal Writ Petition No.429 of 2005 in High Court.
Acts & Sections
- Limitation Act, 1963: Section 5
