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Judgment
Pankaj Purohit, J
This criminal revision is directed against judgment and order dated 16.05.2025, whereby the application purportedly moved by the revisionist under Section 5 of the Limitation Act, 1963 has been allowed (although in the application a wrong provision – Section 159 of B.N.S.S. 2023 has been called).
It is contended by learned counsel for the revisionist that provision of Section 519 of B.N.S.S. 2023 would not be attracted to condone the delay of an appeal.
The appeal arises against the judgment and order dated 22.02.2025, passed by learned Judicial Magistrate/Civil Judge (J.D.) Roorkee, Pauri-Garhwal in Misc. Case No.36 of 2023, Ruchi Naithani Vs. Rahul Naithani.
Since the appeal was delayed by 9 days an application for condonation of delay was filed along with aforesaid appeal. The delay has been condoned vide impugned judgment and order dated 16.05.2025. Feeling aggrieved by the aforesaid judgment and order the revisionist is before this Court.
It is contended by learned counsel for the revisionist that the provision of Section 519 of B.N.S.S. 2023 was not attracted and therefore delay could not have been condoned by the learned Additional Sessions Judge, Kotdwar, Pauri-Garhwal in Misc. Criminal Case No.11 of 2025.
I have perused the judgment and order dated 16.05.2025 and from the order it is reflected that the though the application has wrongly been mentioned under Section 519 of B.N.S.S. 2023, but actually this has been filed under Section 5 of Limitation Act, 1963, to condone the delay of 9 days in filing the appeal against the judgment passed by trial court.
Learned Additional Sessions Judge, Kotdwar, Pauri-Garhwal while allowing the application has clearly mentioned that merely mentioning the wrong section in the application would not make the application liable to be rejected. She found the said application filed under Section 5 of the Limitation Act, 1963 and allowed the same.
The reasoning which has been assigned by the learned Sessions Judge, Kotdwar, Pauri-Garhwal seems to be sound and free from any kind of unreasonableness.
Accordingly, this Court does not want to interfere in the matter and the criminal revision stands dismissed.