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, which rejected 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 his father, and process was issued by the Magistrate. The petitioner was served with summons on 20.03.2023 and appeared on 21.03.2023. Instead of filing a revision, the petitioner filed a discharge application under Section 227 CrPC on 24.04.2023, which was withdrawn on 14.08.2023. Thereafter, on 23.08.2023, he filed a revision along with an application for condonation of delay. The Special Court rejected the condonation application. The High Court, under Article 227 of the Constitution read with Section 528 BNSS, considered whether the delay should be condoned. The petitioner argued that the delay was not intentional but due to pursuing a wrong remedy. The court held that pursuing a wrong remedy constitutes sufficient cause for condonation of delay, as the petitioner was acting bona fide. The court set aside the impugned order, condoned the delay, and directed the Special Court to decide the revision on its own merits within three months.
Headnote
A) Criminal Procedure - Condonation of Delay - Sufficient Cause - Pursuing Wrong Remedy - The petitioner filed a discharge application under Section 227 CrPC instead of a revision against the order of issuance of process. The court held that pursuing a wrong remedy constitutes sufficient cause for condonation of delay, as the petitioner was acting bona fide. The delay of 190 days was condoned and the revision was restored. (Paras 5-7) B) Criminal Procedure - Revision - Condonation of Delay - Section 528 BNSS - The court, exercising powers under Article 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, set aside the order rejecting the condonation of delay application and directed the Special Court to decide the revision on merits. (Paras 3, 7)
Issue of Consideration
Whether the delay of 190 days in filing criminal revision against the order of issuance of process should be condoned when the petitioner was pursuing a wrong remedy of discharge application 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 within three months from the date of the order.
Law Points
- Condonation of delay
- Sufficient cause
- Wrong remedy
- Section 5 of Limitation Act
- Section 528 BNSS
- Article 227 of Constitution of India
