High Court Patna High Court - Orders

Laxmi Rai vs State Of Bihar &Amp; Anr on 15 July, 2008

Patna High Court – Orders
Laxmi Rai vs State Of Bihar &Amp; Anr on 15 July, 2008
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.26757 of 2005
                               LAXMI RAI
                                 Versus
                         STATE OF BIHAR & ANR
                              -----------

For the petitioner: Mr. R.S.Pradhan
For the opp.party no.2: Mr. Amitabh Bhardwaj

——-

12 15.7.2008 Heard learned counsel for the petitioner, learned counsel

for the State and learned counsel for opposite party no.2.

This application has been filed for quashing the order

dated 22.6.2005 passed by learned 4th Additional Sessions Judge,

Samastipur in Cr.Revision no. 300/04 whereby and whereunder he

has allowed the revision.

It has been argued on behalf of the petitioner that against

the order dated 27.9.2003 the revision was filed before the learned

Sessions Judge, Samastipur on 25.6.2004 i.e. after an inordinate

delay of nine months. An application was also filed on behalf of the

petitioner to condone the delay. The matter was argued before the

learned Additional Sessions Judge but unfortunately he failed to

examine the limitation matter and decided the revision on merit

only. Learned counsel further submitted that the matter may now be

remanded to the learned Additional Sessions Judge for deciding the

limitation matter.

It appears that along with revision application a petition

under section 5 of the Limitation Act was filed on behalf of the

petitioner to condone the delay in filing the revision.
2

According to both the parties, the learned Additional

Sessions Judge has disposed of the revision without condoning the

delay in filing the same. The Code of Criminal Procedure is not a

special law in terms of section 29(2) of the Limitation Act so as to

exclude the application of the Act.

In face of the aforesaid fact the order in question dated

22.6.2005 is quashed and the matter is remanded to the court below

for fresh consideration in accordance with law. The court in seisin

of the matter shall first dispose of the limitation matter and if he

decides to condone the delay then he shall decide the revision afresh

on merit.

With the said direction, this application stands disposed

of.

Let the lower court record be sent down immediately.

Al
(M.Saran,J)