VINOD Vs. SASEENDRAN NAIR

JUDGEMENT

(1.) The complainant in S.T. No. 4168/1999, filed under S.341 and 323 read with S.34 of the Indian Penal Code, was absent when the case was called before the Judicial First Class Magistrate, Thiruvananthapuram. All the seven accused in the case were present. The application of the complainant filed by the concerned counsel was rejected. The accused were acquitted under S.351(3) Cr.P.C.

(2.) The petitioner came up before this Court by filing the above application for condoning the delay of 1026 days in preferring the Special Leave Petition under S.5 of the Limitation Act.

(3.) The respondents/accused appeared. They have filed a counter. The main contentions are two fold, viz., S.378(5) of the Code of Criminal Procedure Code being a self contained provision, Sections of the Limitation Act is inapplicable and the facts pleaded in the affidavit of the Advocate alone cannot be accepted and acted upon to condone the very long delay of 1026 days.