LAWS(ALL)-1991-10-47

SADANAND Vs. MAHABIR PRASAD AND ARM

Decided On October 03, 1991
SADANAND Appellant
V/S
MAHABIR PRASAD AND ARM Respondents

JUDGEMENT

(1.) GIRIDHAR Malaviya, J. Heard the learned counsel for the applicant. The contention of the applicant is that he was not stall aware of the proceedings pending against him in the court of IV th. Addl. Sessions Judge, Jhansi with the result that the proceedings under Section 82/83, Cr. P. C. were drawn against him. By this application the applicant has also sought relief of quash ing of the summoning order in Special Case No. 138 of 1991 passed by IV Addl. District and Sessions Judge, Jhansi in the case of Mahabir Prasad v. Sadanand and others, under Section 394/397, I. P. C. , P. S. Nawabad, district Jhansi.

(2.) AGAINST the summoning order the applicant has a right to file a revision in the appropriate court. Learned counsel for the applicant contended that since the period of limitation for filing a revision has expired, hence this application under Section 482, Cr. P. C. has been preferred in this Court. I am afraid the provisions of Section 482, Cr. P. 'c. cannot be ulilised to circumvent the provisions of Section 5 of the Limitation Act. If there was some good cause which prevented the applicant to file the revision against the summoning order within time he can get its benefit by moving an appropriate application under Section 5 of the Limitation Act.

(3.) LET a certified copy of this order be issued to the learned counsel for the applicant on payment of usual charges. Application disposed of. .