STATE OF GUJARAT Vs. ASHWINBHAI J SHAH

JUDGEMENT

(1.) This is a Criminal Revision Application filed under Section 401 of the Criminal Procedure Code, 1973, (for short, "Cr.P.C.") filed by original complainant Navinchandra D Shah challenging the legality, correctness and propriety of the order dated 13.1.1989 passed by the learned Judicial Magistrate First Class, 2nd Court, Surendranagar, (who will be referred to hereinafter as "the learned Magistrate") in Criminal Case No.212 of 1986 which was pending on his file. By that order the learned Magistrate allowed the application exh.57 which was submitted by the original accused no.2 with a request to dismiss the case being Criminal Case No.212 of 1986 on the ground that the original complainant has lodged complaint against him after prescribed period of limitation i.e. the complaint is barred by limitation and by that order by allowing the application exh.57 the learned Magistrate acquitted both the accused on the ground that the complaint lodged against them was time-barred. By that joint order the application exh.59 which was submitted by the original complainant was rejected. By that application exh.59 the original complainant had requested the learned Magistrate to condone the delay if any occasioned in filing the complaint by him against both the accused.

(2.) The facts leading to this Criminal Revision Application in a nutshell are as follows:-

(3.) The original complainant Shri Navinchandra D Shah is an Electrical Inspector appointed u/s 36 of the Indian Electricity Act, 1910. Accused no.1 is an owner of the residential building situated at the place opposite to Amba Chemical, near Dudhrej Fatak at Surendranagar. On or about 21.2.1985 the construction work of that building was going on and was under progress. Accused no.2 Jagjivan Shivlal Solanki was a labour contractor who had taken the contract to construct that building of accused no.1 - Ashwinbahi Jagjivanbhai Shah.