Indian Kanoon - Search engine for Indian Law

2. However, the present application under Section 5 of the Limitation Act, 1963 read with Section 482 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟] has been filed, seeking condonation of delay of 325 days in filing the present revision petition.

3. On the issue of condonation of delay, the learned APP for the State submitted that the present petition could not be filed within the stipulated period as the certified copy of the impugned judgment was obtained on 15.02.2023, and thereafter, the file was sent to the concerned department for its opinion on filing a revision on 27.02.2023. It was submitted that on 21.04.2023, the competent authority took the decision to file the revision petition based on the merits of the case. Subsequently, the file was marked to the present Additional Public Prosecutor for the State on 26.04.2023. However, since certain documents from the trial court record were missing from the file, the original paper-book was requisitioned from the concerned Investigating Officer through the pairvi officer on 04.05.2023, and the same was received on 19.09.2023. Thereafter, some time was taken to get the annexures translated, and the affidavits along with the draft petition were sent to the concerned DCP for signature in October-November 2023, which were eventually received on 02.04.2024.

5. 04.05.2023 - Due to missing documents in the trial court record, the original paper-book was called for from the Investigating Officer through the pairvi officer.

6. 19.09.2023 - The original paper-book was received.

7. October-November 2023 - Time was consumed in translating annexures and completing requisite formalities.