KARTAR SINGH Vs. STATE

JUDGEMENT

(1.) Vide this petition challenge is made to the order dated 27 th August, 2010 of learned ACMM whereby an application under section 5 of Limitation Act filed for condoning the delay in filing the application under section 456 Cr. P.C. of the complainant was allowed.

(2.) Brief facts necessary for the disposal of the present petition are that the petitioner herein was convicted under section 448/34 IPC by learned MM, Delhi vide judgment dated 1 st March 2008 in FIR No. 164/1989 of P.s. Vasant Kunj. Thereafter he was released on probation of good conduct for a period of six months vide order dated 14 th March 2008. While convicting the petitioner as above, the learned MM did not pass any order under section 456(1) of Cr. P.C. for restoration of the possession of the property measuring 2 bigha 14 biswa, forming part of Khasra No. 1146 min, village Rangpur, Tehsil Mehrauli, New Delhi (hereinafter referred to as 'the said property') in favour of the complainants. Even no application in this regard was filed by the complainants for seeking restoration of the property allegedly trespassed by the petitioner. The complainants who are respondent No. 2 and 3 herein, filed an appeal against the impugned judgment of conviction and order on sentence of release of the petitioner on probation before the learned ASJ on 12.05.2009 vide Crl. Appeal No. 35/2009. They also prayed for restoration of the possession of the said property to them as per section 456(2) of Cr. P.C. The said appeal remained pending for adjudication before the learned ASJ and it was on 05.06.2010 when the same was dismissed as withdrawn. The order passed by learned ASJ reads as under:

(3.) Now after withdrawing this appeal, the respondent No. 2 and 3 filed an application under section 456(1) of Cr P.C. before the MM for restoration of the possession of the said property. They also filed an application under section 5 of the Limitation Act for condoning the delay in filing the said application under section 456 Cr. P.C. This application under section 5 of the Limitation Act came to be allowed vide the impugned order dated 27 th August 2010 which is under challenge in the present petition. The operative part of the impugned order reads like this: