SUBHASH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This criminal revision was filed on 15. 12. 2005 against the order dated 24. 11. 2003 passed by Sri K. R Nigam, then Sessions Judge, Varanasi in ST. No. 319 of 2004, State v. Subhash Yadav and others, Case Crime No. 109/03, under Sections 147, 323, 325, 504, 304, I. P. C. , P. S. Chaubepur District Varanasi. Since the above revision was filed beyond time, an application under Section 5 of Indian Limitation Act supported with affidavit of Sri Ram Surat Yadav, father of the revisionist was filed for condonation of delay in filing the revision in which it was stated that the case was being handled by a junior Counsel who could not give proper advice to the revisionist and his father regarding filing of appeal or revision against the impugned order and so the revi sion could not be filed in time, and the deponent ultimately contacted Mr. Shailendra, Senior Counsel of Session Court who advised on 5. 8. 05 for filing revision againstthe impugned order. Then the revisionist moved an application for certified copy of the order and managed some money and then this revision was filed.

(2.) IN spite of sufficient opportunity being given to the State, no counter affida vit rebutting the allegations made in the application of the revisionist has been filed; as such, I am of the view that the application for condonation of delay de serves to be allowed. It is accordingly allowed. The delay in filing the revision is condoned. Let regular number be allotted to the file of the present criminal revi sion by the office.

(3.) I have heard the learned Counsel for both the partIes and perused the record of revIsIon.