Bishnu Prasad v. Subodh Jain & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2687/2016 BISHNU PRASAD ..... Petitioner Through: Mr. Kartickay Mathur, Advocate versus SUBODH JAIN & ORS.

..... Respondents Through: Mr. Nishit Kush, Mr. Shyam S. Sharma and Mr. Sanjeev K. B., Advocates for R-1 to 3 Ms. Meenakshi DAhiya, APP for the State with SI Mahesh Singh

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.09.2018 The criminal complaint (CC no.124/11) of the petitioner was dismissed by the Chief Metropolitan Magistrate by order dated 05.05.2015 under Section 203 of the Code of Criminal Procedure, 1973 (Cr. PC), finding no ground to proceed against any person on the basis of evidence that had been adduced in the preliminary inquiry.

The petitioner had approached the court of Sessions against the said order on 11.12.2015 by filing petition (CR no.95/2016) invoking its revisional jurisdiction alongwith a prayer for condonation of delay explaining that he, as a government employee, was posted at the relevant point of time in the State of Arunachal Pradesh. The CRL.M.C. 2687/2016

revisional court, however, was not impressed with the said grounds and declined to condone the delay and consequently dismissed the revision petition by order dated 20.05.2016.

The said order was challenged by the petition at hand invoking the inherent power of this court under Section 482 Cr. PC.

The learned counsel for the respondents fairly conceded that in the given fact situation, the explanation of the petitioner for the delay in filing the revision petition may be accepted and the delay condoned and resultantly the revision petition may be revived for consideration on merits on the file of the court of Sessions. Ordered accordingly. The revision petition shall be taken up by the court of Sessions on 05.10.2018 when the parties shall appear before said court and assist for adjudication on its merits.

The petition is disposed of in above terms.

R.K.GAUBA, J SEPTEMBER 11, 2018 yg CRL.M.C. 2687/2016