BRIJBHUSHAN MANGAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) being aggrieved by the order dtd. 4/10/2024, whereby the Ld. Court has dismissed the application under Sec. 5 of Limitation Act, 1963 preferred by the petitioner in a case related to F.IR. bearing Crime No. 89/2021.

(2.) Against this petitioner two FIRs.were registered bearing Nos. 89/2021 and 90/2021 under Sec. 339 (C) of M.P. Municipalities Act, 1961 as the petitioner developed the illegal colony on two different survey numbers. In both the criminal cases, he was granted anticipatory bail subject to the condition that he will develop the colony and complete all the formalities. After submitting all the certificates and photocopy of development the temporary bail was confirmed by this Court. Thereafter, the petitioner filed MCRC No. 22560/2022 seeking quashment of the F.I.R. and MCRC No. 22558/2022. The first MCRC was dismissed as withdrawn with liberty to file revision however, second the MCRC has been allowed vide order dtd. 16/8/2024 and the FIR No. 90/2021 has been quashed as well as subsequent proceedings. Order dtd. 16/8/2024 passed in MCRC No.22558/2022 is reproduced below:-

(3.) After the aforesaid order, the petitioner preferred a revision before the Sessions Court alongwith an application for condonation of delay. The learned Sessions Court declined to condone the delay and accordingly this revision was not entertained on merit. Hence, this criminal revision before this Court.