PENTAPPA ERAPPA GADDAM Vs. PRABHAKAR NARSAYYA ANANTUL

JUDGEMENT

(1.) Heard the learned advocate for the petitioners, the learned advocate for the 1st respondent and learned A.P.P for the State. Considering the facts and circumstances of the case, the Writ Petition is taken up for final disposal at admission stage.

(2.) The petitioners filed Criminal Revision Application No.26 of 2007 before the Court of the learned Sessions Judge at Solapur for challenging an order passed by learned Magistrate of issuing process on a complaint filed by the 1st respondent. Perusal of the record of the Criminal Revision Application received by this Court shows that alongwith the revision application, the petitioners applied for stay. On stay application at Exhibit 4, the learned Adhoc Additional Sessions Judge issued notice on 12th February 2007 and granted ad-interim stay. It appears that the 1st respondent appeared in the revision application and pointed out that order of stay has been passed though the revision application was barred by limitation. By order dated 09th March 2007, on the aforesaid ground, the learned Adhoc Additional Sessions Judge vacated the order of stay. The record further shows that an application at Exhibit 12 was filed by the applicants for condonation of delay. There are the orders passed by the learned Sessions Judge on the said application. The order dated 05th December 2007 passed on the said application directs the registry to register the said application and to follow the procedure.

(3.) By the judgment and order dated 05th December 2007 passed by the learned Additional Sessions Judge, the revision application was dismissed on the ground that the same was time barred.