Kameshwar @ Guddu And ANR. v. Bharat Singh Rajput

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 465 of 2009

1. Kameshwar @ Guddu SON OF Bharat Singh Rajput, aged about 11 years, minor, through his natural guardian mother Rambai wife of Bharat Singh Rajpur, aged about 38 years, resident of Goushalapara Kharsiya, Distt. Raigarh (CG)

2. Rambai W/o Bharat Singh Rajput aged about 38 years, R/o Goushalapara Kharsiya, Distt.-Raigarh, C.G.

---- Petitioners

Versus

Bharat Singh Rajput son of Ram Singh Rajput, aged about 43 years, resident of Botalda, In front of Engineering Kharsiya, Distt. Raigarh (CG) ---- Respondent For Petitioners Mr. D.L. Prajapati, Adv.

For Respondent Mr. Abhishek Saraf, Adv.

Order On Board 01/02/2016 Heard on I.A. No. 1/2009 for condonation of delay in filing the instant criminal revision as the same has been preferred after 729 days of its limitation. Leaned counsel for the petitioner submits that as the petitioners are residents of remote rural area, they are helpless persons. They have no means of livelihood hence the delay is bonafide and the same may be condoned. On the other hand, learned counsel for the State opposed the application. For the purpose of appreciation regarding arguments advanced by the respective parties for I.A. No. 1/2009, record is perused. A perusal of the record goes to show that the petitioners are residents of Kharasiya, tehsil headquarter of district Raigarh. The petitioners have failed to demonstrate their bonafide for filing the instant criminal revision after 729 days of its limitation. Therefore, this court is of the considered view that as the petitioners have not satisfactorily explained the delay, hence I.A. NO. 1/2009 deserves to be dismissed.

I.A. No. 1/2009 is hereby dismissed.

Consequently, the revision is also dismissed. Sd/- Chandra Bhushan Bajpai Judge Pathak