PANKAJ LODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure has been filed by the petitioner laying challenge to the order dtd. 12/3/2019, passed by the learned Sessions Judge, Jodhpur (hereinafter referred to as 'the learned Revisional Court'), vide which, the petitioner's revision petition has been rejected on the ground of delay.

(2.) Narrating the facts of the present case, Mr. Falgun Buch, learned counsel for the petitioner, submitted that the petitioner had filed revision petition against the order dtd. 24/10/2018, with a delay of 25 days. The revision petition so filed by the petitioner was companied with an application under Sec. 5 of the Limitation Act, wherein the petitioner had explained the reasons for delay; viz., the petitioner was out of town in connection with his business. Learned counsel for the petitioner submitted that a judgment of Hon'ble the Supreme Court was cited before the learned Revisional Court to buttress the submission that the petitioner's revision petition should not be dismissed on the ground of delay. While asserting that the reasons indicated in the application were sufficient to show that he was prevented from sufficient reasons from filing the revision petition in time, he prayed that the impugned order be set aside.

(3.) Learned Public Prosecutor, opposing the contentions of Mr. Buch, submitted that a perusal of the application under Sec. 5 of the Limitation Act reveals that the same has been filed casually and no reasons worth the name have been indicated therein. Mr. Bhati, further submitted that in a criminal case, the accused should be more serious towards the case and he should take the proceedings with utmost diligence and promptitude.