MOBINA BEGUM Vs. NAWAB ALI

JUDGEMENT

(1.) CRL. M. A. 6991/2006 the petitioner/complainant is aggrieved by the impugned order dated 7. 2. 2006 of the learned Additional Sessions Judge in terms whereof the accused have been acquitted for the charges under Sections 308/34 of the Indian Penal Code (hereinafter referred to as the IPC ). The State has not filed any appeal against the impugned order.

(2.) THERE is a delay of 68 days in filing the revision petition. It is stated in the application for condonation of delay that after the petitioner had deposed in the matter, she did not participate any further and it is only when a legal notice dated 11. 5. 2006 was served on the petitioner on 29. 5. 2006 alleging malicious prosecution, did the petitioner come to know about the acquittal of the accused by the impugned order. The petitioner thereafter contacted her counsel and applied for certified copy of the judgment and other relevant documents on 29. 6. 2006 which were made available on 6. 7. 2006. It is during this period of time that the petitioner also requested the Chief prosecutor through a counsel for the State to challenge the acquittal order or for permission for filing of criminal revision by the petitioner, but no reply was received. The petitioner claims to hail from an economically dis-advantaged section of society.

(3.) IN view of the aforesaid reasons, sufficient grounds have been made out for condonation of delay and for consideration of the revision petition on merits. Application stands allowed.