SUNIL CHANDEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condonation of delay in filing Criminal Revision against judgment dated 9.3.2006 passed by Addl. Sessions Judge (Presiding Officer Fast Track Court), Solan in Case No.15FT/7 of 2005. The respondents No. 3 to 6 were prosecuted for offences punishable under Sections 498-A, 306 read with Section 34 IPC in Case No. 15 FT/7 of 2005 in the Court of learned Addl. Sessions Judge (Presiding Officer Fast Track Court), Solan and they were acquitted on 9.3.2006. The acquittal of respondents No. 3 to 6 has been assailed by applicant, who is complainant, by filing revision under Sections 397, 401 Cr.P.C. The revision is time barred and therefore, the application has been filed for condonation of delay in filing the revision.

(2.) The revision is barred by 4 years 3 months and 3 days as per Registry. It has been stated in the application that applicant is not a well read man. The family of the applicant is illiterate consisting of aged parents and wife. The applicant is bearing the expenses of maintaining master Himanshu male child of deceased Seema who met with an untimely and unfortunate death.

(3.) The summons were served on applicant by Civil Judge, Senior Division, Solan on 22.2.2010 in a guardianship matter to appear in the Court on 27.2.2010 to hand over the custody of master Himanshu in execution petition. The applicant has filed an application under Order 9 Rule 13 CPC for setting aside of ex-parte decree.