Shyamcharan vs State Of Chhattisgarh

The petitioner's application filed under Section 451 of the Code of Criminal Procedure (henceforth 'Cr.P.C.') was rejected by learned Judicial

Magistrate First Class, Patan vide order dated 07/01/2019 against which, he preferred revision before learned 6th Additional Sessions Judge, Durg on

11/06/2019 with a delay of 65 days. That revision has been rejected by the revisional Court on the ground that application for condonation of delay

was not filed by the petitioner while preferring the revision, against which this petition under Section 482 of Cr.P.C. has been filed by the petitioner.

Learned counsel for the petitioner would submit that the revisional Court ought to have granted time to file the application for condonation of delay,

which the revisional Court has not granted and straightway dismissed the revision.

Learned State counsel would oppose the submission made by learned counsel for the petitioner.

I have heard learned counsel for the parties, considered their rival submissions made hereinabove and went through the record with utmost

circumspection.

It is true that revision was filed with a delay of 65 days but the revisional Court ought to have granted an opportunity to file the application for

condonation of delay, it was not done and the revision petition was dismissed.

In view of that, the impugned order dated 29/10/2019 is setÂaside and the matter is restored to the file of 6th Additional Sessions Judge, Durg. The

petitioner is at liberty to file the application for condonation of delay within ten working days from today. If such an application is filed within ten

working days, the revisional Court shall consider and decide the matter afresh in accordance with law.

Hence, the petition under Section 482 of Cr.P.C. is allowed to the extent indicated hereinabove.