KAILASH Vs. JUDGE FAMILY COURT AZAMGARH

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application for condonation of delay in filing the revision against order dated 20-8-2001 passed in case No. 58 of 1998, Kailash v. Lali, relating to police station Rani Ki Sarai District Azamgarh, under Section 126, Cr. P. C.

(2.) I have heard learned Counsel for the revisionist and learned A. G. A. for the State.

(3.) THE applicant has sought condonation of delay in filing the revision on the ground that he could not file the revision in time due to illness of his father. THE applicant has nowhere disclosed as to when his father had fallen ill and when did he recover nor name of the disease from which his father was suffering was mentioned in the application nor any medical certificate has been filed to show that his father was ill. On the other hand, it is to be seen that the application under Section 125, Cr. P. C. was filed in the year 1990. It was allowed ex parte on 18-10-1997. THE revisionist's application for setting aside the ex parte order was allowed by the trial Court on the condition that he should pay Rs. 3,600/- to his wife, Smt. Lali being arrears of maintenance for one year, pointing out this fact that the revisionist had not paid any amount to his wife so far. Time of 15 days was allowed to the applicant to make the above payment, but instead of making deposit in accordance with the order of the trial Court, he preferred to file revision in this Court and that too after expiry of the limitation period. His learned Counsel did not appear on the dates, i. e. 2-1-2002 and 10-1-2002, fixed for hearing, so the case was ordered to be put up in ordinary course. Anyhow, it is to be seen that the applicant's application for setting aside the ex parte order was not rejected by the trial Court but it was allowed on payment of arrears of maintenance allowance for one year only. THE applicant did not make compliance of that order but proposed to file this revision and that, too, beyond limitation. His assertion is that he could not file revision in time due to illness of his father but taking into consideration the previous conduct of the applicant as well as that the allegation regarding illness of his father, is not substantiated by any evidence, I do not find any good ground for allowing the application under Section 5 of the Limitation Act.