REKHA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with the prayer to quash/set aside the order dtd. 21/2/2022 passed by the learned Sessions Judge, Koderma in Criminal Revision No. 39 of 2020 whereby the learned Sessions Judge, Koderma has dismissed the criminal revision being barred by limitation.

(3.) The brief fact of the case is that the petitioner who is the complainant of Complaint Case No. 347 of 2005 inter alia involving the offences punishable under Ss. 498A and 494 of the Indian Penal Code filed Criminal Revision No. 39 of 2020 against the order dtd. 25/3/2019 passed by the learned Judicial Magistrate 1st Class, Koderma in the said complaint case; whereby and where under, the learned Judicial Magistrate 1st Class, Koderma directed the accused persons to be present for the purpose of framing of charge. Admittedly, the said criminal revision was filed after a delay of 353 days. A petition under Sec. 5 of the Limitation Act was also filed with the prayer to condone the delay in filing the said criminal revision. The grounds taken in the said petition filed under Sec. 5 of the Limitation Act was that the petitioner is a lady. She was suffering from fever and mental tension. The undisputed fact remains that the application under Sec. 5 of the Limitation Act was not accompanied by any document in support of the claim of the petitioner that she was ill during the entire period of 353 days.