LAWS(DLH)-2015-5-214

MANJIT SINGH BHATI Vs. STATE (NCT OF DELHI)

Decided On May 15, 2015
Manjit Singh Bhati Appellant
V/S
STATE (NCT OF DELHI) Respondents

JUDGEMENT

(1.) BY this order, I propose to decide the abovementioned three petitions, filed by Manjit Singh Bhati, Bijender Singh Bhati and Santosh Singh Bhati. Bijender Singh Bhati, who is the petitioner in Crl. M.C. No.5284/2014, is the husband of Mrs.Chetna Bhati (respondent No.2 in the said petition). Santosh Singh Bhati is the mother of Manjit Singh Bhati and Bijender Singh Bhati.

(2.) BRIEF facts of the case are that the marriage between Bijender Singh Bhati and Chetna Bhati was solemnized on 26th November, 2004. After the period of 18 months, i.e. on 2nd May, 2006, respondent No.2 left the matrimonial home and started living separately. The complaint was filed by respondent No.2 on 11th March, 2011, i.e. about five years after they separated. On the basis of the said complaint, the FIR No.407/2011 was registered against the petitioners on 13th October, 2011 at Police Station Jyoti Nagar, Delhi. The charges were framed against the petitioners on 25th January, 2014.

(3.) THE case of the petitioner Bijender Singh Bhati who is working as Deputy Commander in Central Reserve Police Force and is posted in Chhattisgarh came to Delhi on the night of 12th May, 2014. Undisputedly he was on duty in Chhattisgarh from third week of March, 2014 till 12th May, 2014. He contacted his counsel who informed him about the framing of charge against him and his brother and mother. The petitioners decided to file the revision petitions which were drafted by the counsel. As there was a delay of 20 days in filing the said revision petitions, the same were dismissed on the grounds of delay by dismissing the application under Section 5 of the Limitation Act by a common order dated 9th July, 2014 which has been challenged before this Court by way of the present petitions.