GOVIND SASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision has been filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 being crestfallen by the order dtd. 14/5/2024 passed by the learned Sessions Judge, District Dewas (M.P.) in MJCR No. 430/2024 whereby the learned Judge has rejected the application filed by the petitioner under Sec. 5 of the Limitation Act for condonation of delay of 05 years, 06 months and 18 days.

(2.) As per prosecution story, on 23/1/2013, police station bank note press was informed by the informant that some vehicles from Maksi were carrying bulls and were going to Maharashtra. Thereafter, police stopped vehicles of the present applicant and seized 3 bulls from the aforesaid vehicle and after conclusion of the trial, vide order dtd. 15/10/2018 passed in MJCR NO. 493/2013, the learned trial Court has convicted the petitioner under Sec. 6/9 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 and sentenced him to undergo for 1 year R.I. with fine of Rs.5,000.00 and default stipulation.

(3.) Learned counsel for the petitioner has submitted that the order of the trial Court was passed on 15/10/2018 in MJCR No. 493/2013 but petitioner went outside for work and due to the pandemic COVID-19 from 2020 to 2021 and also having no knowledge about the law, he did not contact with his counsel, the petitioner filed an application under Sec. 5 of Limitation Act for condonation of delay of 05 years, 06 months and 18 days which was rejected by the learned trial Court only on the ground of delay without going to the merits of the case. He has further submitted that when the knowledge of the final order was derived to the petitioner, the petitioner was steadfast in approaching the Court after making inquiries and obtaining certified copies of the proceedings and final order. On these grounds, he has prayed for condonation of delay for a period of 05 years, 06 months and 18 days and allow the petition.