Case Note & Summary
The petitioner, Ankit Padhye, challenged an order dated 17.07.2025 passed by the Special Court for Differently-able Persons, Senior Citizens and Marginalized Sections of the Society, Nagpur, rejecting his application for condonation of delay of 190 days in filing a criminal revision against the order of issuance of process dated 15.11.2022. The respondent, Avinash Padhye, had filed a private complaint under Section 500 IPC against the petitioner, and process was issued. The petitioner, after being served with summons on 20.03.2023, appeared and filed a discharge application under Section 227 CrPC on 24.04.2023, which was withdrawn on 14.08.2023. Thereafter, he filed a revision on 23.08.2023 with a delay condonation application. The Special Court rejected the delay condonation application. The High Court, under Article 227 and Section 528 BNSS, held that the petitioner was pursuing a wrong remedy (discharge instead of revision), and the delay was not intentional. The court condoned the delay, set aside the impugned order, and directed the Special Court to decide the revision on merits.
Headnote
A) Criminal Procedure - Condonation of Delay - Wrong Remedy - Section 528 BNSS, Section 5 Limitation Act - The petitioner filed a discharge application under Section 227 CrPC instead of a revision against the order of issuance of process, which was a wrong remedy. The delay of 190 days in filing the revision was held to be not intentional or deliberate, and the court condoned the delay to advance the cause of justice. (Paras 5-7)
Issue of Consideration
Whether the Special Court erred in rejecting the application for condonation of delay of 190 days in filing the criminal revision against the order of issuance of process, when the petitioner was pursuing a wrong remedy under Section 227 of the Code of Criminal Procedure.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 17.07.2025, condoned the delay of 190 days, and directed the Special Court to decide the criminal revision on its own merits in accordance with law.
Law Points
- Condonation of delay
- wrong remedy
- Section 5 of Limitation Act
- Section 528 BNSS
- Article 227 of Constitution of India
Case Details
Criminal Writ Petition No. 718/2025
Mr. G.D. Dani for petitioner, Mr. B. W. Patil for respondent
Avinash S/o Bhaskar Padhye
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition challenging rejection of condonation of delay application in a criminal revision against order of issuance of process.
Remedy Sought
Petitioner sought setting aside of the order rejecting condonation of delay and direction to hear the revision on merits.
Filing Reason
The Special Court rejected the application for condonation of delay of 190 days in filing the revision, which the petitioner claimed was due to pursuing a wrong remedy (discharge application under Section 227 CrPC).
Previous Decisions
The learned Magistrate issued process on 15.11.2022; the petitioner filed a discharge application under Section 227 CrPC on 24.04.2023 which was withdrawn on 14.08.2023; the revision was filed on 23.08.2023 with a delay condonation application; the Special Court rejected the delay condonation application on 17.07.2025.
Issues
Whether the delay of 190 days in filing the criminal revision should be condoned when the petitioner was pursuing a wrong remedy under Section 227 CrPC.
Submissions/Arguments
Petitioner argued that the delay was not intentional or deliberate but due to pursuing a wrong remedy (discharge application instead of revision).
Respondent opposed the condonation, but the court found the delay was sufficiently explained.
Ratio Decidendi
Pursuing a wrong remedy constitutes sufficient cause for condonation of delay under Section 5 of the Limitation Act, and courts should adopt a liberal approach to advance the cause of justice rather than dismissing matters on technical grounds of limitation.
Judgment Excerpts
He submits that the petitioner was pursuing wrong remedy.
The delay is not intentional and deliberate. However, it is purely circumstantial.
In the interest of justice, the delay of 190 days deserves to be condoned.
Procedural History
The respondent filed a private complaint under Section 500 IPC before the JMFC, Nagpur (Summary Criminal Case No. 12567/2021). The Magistrate issued process on 15.11.2022. Summons served on petitioner on 20.03.2023. Petitioner appeared on 21.03.2023 and filed discharge application under Section 227 CrPC on 24.04.2023, withdrawn on 14.08.2023. Revision filed on 23.08.2023 with delay condonation application. Special Court rejected delay condonation on 17.07.2025. Petitioner filed this writ petition under Article 227 and Section 528 BNSS.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita (BNSS): 528
- Constitution of India: Article 227
- Indian Penal Code (IPC): 500
- Code of Criminal Procedure (CrPC): 227
- Limitation Act: 5
