High Courts(2007) 02 AHC CK 0156

Tej Pal and Others vs State of U.P.and Another

Allahabad High Court · Decided on 28 February 2007

HON’BLE JUDGES
Barkat Ali Zaidi, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application No. 3289 of 2007

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Judgment

5 paragraphs · 205 words

Barkat Ali Zaidi, J.—The applicants filed a Criminal Revision before the Sessions Judge, Aligarh. Since it was filed beyond time, an application (Criminal Misc. No. 19 of 1993) under Section 5 of the Limitation Act was also given which was allowed by the Sessions Court (Additional Sessions Judge Court No IX), on payment of Rs. Two hundred as costs to be paid within three days. Since the costs was not paid within time, the Court dismissed the Revision.

2.

The applicants have now come to this Court under Section 482, Cr.P. C. seeking to set aside the order of dismissal of revision.

3.

The proper course for the applicants, before coming to this Court, was to apply, before, the Sessions Judge for revising and recalling the order. They have come straight to this Court which is not the right procedure. They should have moved an application before the Revising Court and if the Court was satisfied that the Costs could not be paid within time for sufficient reasons the Court could have allowed the application

4.

There is no justification for coming directly to this Court. They should apply before the Revisioner Court for the requisite relief.

5.

With these observations, this petition is dismissed.