Delhi District Court
Yashvir Singh vs Piyush Singh on 24 January, 2015
IN THE COURT OF SH. SANJEEV JAIN:ADDL.
SESSIONS JUDGE /SPECIAL JUDGE: CBI03
(PC ACT) SOUTH DISTRICT: SAKET COURTS:
NEW DELHI
UID No.02406R0021812015
Criminal Revision no. 07/2015
FIR No.242/08
PS CBT/EOW, Crime Branch
u/s 409/420/467/468/471/120B IPC
Yashvir Singh
s/o Sh. Attar Singh
r/o RZ70, Geetanjali Park,
West Sagarpur, New Delhi
..........Revisionist
Vs.
1. Piyush Singh
s/o Sheetal Prasad Singh
r/o B38, Hill View Apartments,
Vasant Vihar, New Delhi.
2. State (NCT of Delhi)
through SHO, Crime Branch
Economic offences Wingh, New Delhi
..........Respondents
Date of filing of revision: 20.01.2015 Date of allocation : 21.01.2015 Criminal revision no. 07/2015 24.01.2015 Page no. 1/5 Date of arguments : 24.01.2015 Date of order : 24.01.2015
Criminal revision petition u/s 397 r/w section 399 Code of Criminal Procedure (in short "Cr.PC") 1974 arising out of order dated 12.08.2014 passed by the court of Sh. Vivek Kumar Gulia, Ld.CMM, South , Saket Courts, New Delhi Present: Sh. Kshitiz, Ld. counsel for revisionist. Order/Judgment 1 In brief this criminal revision petition has been filed by revisionist Yashvir Singh to challenge the impugned order dated 12.08.2014 passed by the court of Ld. Chief Metropolitan Magistrate (in short "CMM"), South District, Saket Courts, New Delhi. By impugned order Ld. CMM accepted the closure report filed by police in case FIR no.242/08 of PS EOW and dismissed the protest petition filed by the revisionist. 2 Alongwith revision petition, application for condonation of delay has been filed u/s 5 of Limitation Act by revisionist. In brief, it is stated that certified copy of impugned order was applied on 22.11.2014 which was delivered by copying agency on 11.12.2014. It is also submitted that during repairing work in the chamber of Sh. Prasoon Kumar, advocate, the case file of Criminal revision no. 07/2015 24.01.2015 Page no. 2/5 the revisionist was lost which could be located in the evening of 15.01.2015. It is stated that there is delay of about 48 days in filing revision petition which is mainly due to loss of file. Alongwith application, affidavit has been filed by Sh. Prasoon Kumar, advocate in respect of loss of file during repairing of his chamber.
3 As per article 131 of Limitation Act, period for filing of revision is 90 days from the date of decree or order or sentence sought to be revised.
4 In this case impugned order was passed on 12.08.2014. Therefore, limitation period started from 13.08.2014. The limitation period of 90 days expired on 11.11.2014. 5 The certified copy of impugned order was applied on 22.11.2014 which was delivered by copying agency on 11.12.2014. It is clear that certified copy was applied after expiry of limitation period.
6 It is settled position of law that limitation period once started cannot be discontinued, therefore, revisionist cannot claim exclusion of limitation period from 22.11.2014 to 11.12.2014 consumed in taking certified copy. The period taken in delivery of certified copies cannot be excluded if the Criminal revision no. 07/2015 24.01.2015 Page no. 3/5 certified copy has been applied after expiry of limitation period. Accordingly, from 12.11.2014, there is delay of about 68 days in filing revision petition.
7 The only ground in the application for condonation of delay is that case file of revisionist was lost due to repair in the chamber of Sh. Prasoon Kumar, advocate and file could be traced only on 15.01.2015.
8 After careful consideration, in my opinion, reason given by revisionist cannot be accepted as sufficient cause/explanation for condonation of delay. If the file of revisionist was lost from the chamber of ld. counsel, the file could be easily inspected from the court or certified copy of relevant record could be taken for filing of revision petition. Revisionist or his advocate did not take care to take certified copies of the record for filing of revision petition within limitation period.
9 In my view, there is no sufficient explanation for condonation of delay. Therefore, application for condonation of delay is dismissed. As revision petition is barred by limitation, same is also dismissed.
Criminal revision no. 07/2015 24.01.2015 Page no. 4/5 10 Copy of order be sent to Ld. Trial Court alongwith TCR. File be consigned to record room after due compliance.
Announced in the open court
on 24.01.2015 (Sanjeev Jain)
ASJ/Special Judge (PC Act)
(CBI3), South, Saket Court
New Delhi
Criminal revision no. 07/2015 24.01.2015 Page no. 5/5