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Judgment
Sanjay Kumar Dwivedi, J
The learned counsel for the petitioner has confined his prayer to the order dated 09.08.2021 passed by the learned Sessions Judge, Dhanbad in Cr.Revision No.142/2020.
Mr. Shailesh Kumar Singh, the learned counsel for the petitioner submits that son of the petitioner has been killed by running Swift Dzire car on the body of the deceased for that the case was lodged under section 302 IPC and subsequently charge sheet has been submitted under sections 341/323/448/279/337/338/304A of the IPC. He submits that the petitioner has not been examined by the police and the version of the petitioner is not taken care of in the investigation. He submits that the criminal revision challenging the order taking cognizance has been dismissed on the ground of delay of 366 days.
Mr. K.K.Singh, the learned counsel for the respondent State submits that the charge sheet has rightly been submitted under those sections. He submits that he is having the case diary and in so many paragraphs many witnesses have been examined and thereafter the charge sheet has been submitted. However, looking to the revisional court’s order, it appears that only on the ground of delay, the revision petition has been dismissed. It has been submitted that during the pandemic period these things have happened and it has come to the knowledge of the petitioner that cognizance has been taken, the petitioner filed the revision petition which has been dismissed.
In view of the above facts and considering that only on the ground of delay the petition has been dismissed, without entering into the merits of the case, the revisional order dated 09.08.2021 is set aside.
The matter is remitted back to the revisional court to provide an opportunity to the petitioner who will also disclose the reasons of delay and thereafter the learned revisional court will pass the order in accordance of law.
With the aforesaid observation and direction, the instant petition [W.P.(Cr.) No.492 of 2021] stands disposed of.
Let the order be communicated to the concerned court through FAX at the cost of the petitioner.