NIRMALABAI Vs. OMPRAKASH

JUDGEMENT

(1.) THIS petition under Section 482, Cr. P. C. is directed against the order dated 8. 1. 2000 passed by 1st Addl. Sessions Judge, Mhow, in Cr. Revision No. 439/2000 dismissing the same as barred by time.

(2.) APPLICANT No. 1 Smt. Nirmalabai is the wife of respondent No. 1 Dr. Omprakash and applicant No. 2 Vishal and respondent No. 2 Nirdosh are their sons. The applicants made an application under Section 125 of Cr. P. C. before the Addl. Chief Judicial Magistrate, Mhow, for grant of maintenance by respondent No. 1. Their application was dismissed by the Magistrate vide order dated 18. 2. 2000 in Misc. Cr. Case No. 13/98. Revision preferred against this order was dismissed by the Addl. Sessions Judge, as barred by limitation. The application made under Section 5 of the Limitation Act was also dismissed by the same order dated 8. 1. 2001 which is sought to be impugned in this petition.

(3.) THE revision preferred before the Sessions Court below was delayed by 157 days. The applicants also made application under Section 5 of the Limitation Act supported by appropriate affidavit giving their reasons for the delay. The application was opposed by respondent No. 1. The learned ASJ in his order dated 8. 1. 2001 observed that every day's delay has not been explained by the applicants. With this observation the application as also the revision were dismissed.