BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed by the petitioner/ complainant under Sec. 397/401 Cr.P.C. against the order dtd. 4/5/2023, passed by the learned Special Judge, SC/ST Cases, Jalore in FR Case No. 1/2021, whereby the learned Judge rejected the protest petition by the petitioner/complainant and accepted the negative final report submitted by the Police against the accused-respondents.

(2.) The present revision petition has been listed in Rs.Defect' category as the same is barred by delay of 277 days. The petitioner has filed an application under Sec. 5 of Limitation Act.

(3.) Counsel for the petitioner submits that the impugned order was passed by the Court below on 4/5/2023 but the petitioner could not approach the local Counsel at Jalore within the prescribed time as he is a Government servant serving as driver in District Consumer Forum, Jodhpur and is permanently residing in Jodhpur. The petitioner during Diwali vacation went to Jalore and obtained the complete record of the case. Thereafter, he met with an accident. For these reasons, the petitioner was unable to file the revision against the impugned order within the prescribed time. Counsel further submits that the delay in filing the revision petition was not intentional and that no party should be deprived of justice due to an unintentional delay. Therefore, it is prayed that the delay in filing the revision petition, being bona fide, may be condoned and the revision petition may be heard on merits.