VINOD RAMGOPALJI MAHESHWARI Vs. SHOBHA AND ORS.

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure is filed for setting aside the order passed by learned Sessions Judge, Wardha on 23.12.2009 in Other Misc. Criminal Application No. 27/2009. By the said order, learned Sessions Judge rejected the application filed by applicant/accused No. 4 for condonation of delay in filing revision application under Section 397 of the Code of Criminal Procedure.

(2.) FACTS giving rise to the present application may be stated in brief as under: -

(3.) HEARD extensively Mr. S.S. Ghate, Mr. A.L. Deshpande and Mr. N. Rao, learned counsel and learned APP for the applicant, respondent No. 1 and respondent No. 4 respectively. The learned counsel for the applicant submitted that delay occurred in preferring revision was not deliberate or intentional. He submitted that the learned Sessions Judge has not recorded cogent and convincing reasons and impugned order is perverse and unsustainable in law. The learned counsel further submitted that applicant is not at all interested in protracting the litigation and revision application ought to have been decided on merit by condoning the delay. The learned counsel submitted that similarly placed accused was already discharged from the proceedings and the said order of discharge has attained finality. According to him, revisional court has lost sight of this important fact and committed grave error in passing the order.