PADAM BAHADUR BARDEWA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. N. Rai, Learned Senior Advocate for the revisionist and Mr. Sudesh Joshi, Learned Public Prosecutor for the State of Sikkim.

(2.) This is an application under Sec. 397 and 401 of the Code of Criminal Procedure, 1973 (in short Cr.PC). The jurisdiction of the revisional court is for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed and as to the regularity of any proceeding of such inferior court.

(3.) The first point urged by Mr. N. Rai was with regard to the delay in lodging First Information Report (in short FIR). The record reveals that the alleged incident happened a day before the lodging of the FIR on 11/3/2019. There does not seem to be any apparent delay. The learned trial court has extensively dealt with the argument made before it and concluded that it is of not much consequence. The learned appellate court has also examined it and arrived at the same conclusion.