STATE Vs. YOGESH

JUDGEMENT

(1.) The State has, by way of the above-captioned revision petition, assailed the order dtd. 30/1/2023, passed by the learned Additional Sessions Judge-02, Central District, Tis Hazari Courts, Delhi [hereafter 'Sessions Court"], in case arising out of FIR No. 102/2022, registered on 21/2/2022 at Police Station Roop Nagar, Delhi, for offence punishable under Ss. 308/341/506/34 of the Indian Penal Code, 1860 [hereafter 'IPC"] and Ss. 3(1)(r)/3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 [hereafter 'SC&ST Act"]. By way of the impugned order, the learned Sessions Court discharged the respondents for offence under Sec. 308 of IPC and framed charges for offence under Sec. 323/341/506/34 of IPC and Ss. 3(1)(r)/3(1)(s)/3(2)(va) of SC&ST Act.

(2.) However, the present application under Sec. 5 of the Limitation Act, 1963 read with Sec. 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 15/2/2023, and thereafter, the file was sent to the concerned department for its opinion on filing a revision on 27/2/2023. It was submitted that on 21/4/2023, 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 26/4/2023. 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 4/5/2023, and the same was received on 19/9/2023. 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 2/4/2024.