( 1 ) HEARD both sides.

( 2 ) IN this criminal petition, the docket order passed by the learned Sessions Judge dt. 29-5-2000 in Crl. P. No. 178 of 2000 filed under Section 5 of the Limitation Act under which the application for condoning the delay in presenting criminal revision petition filed by the complainant-petitioner herein is said to have been dismissed is assailed.

( 3 ) IT may be mentioned at the out set that though the learned Sessions Judge is purported to have passed an order under Section 5 of the Limitation Act, the concluding portion of the order would suggest that he proceeded as if he has condoned the delay in filing the revision petition and made his observations and orders on the merits of the case. This is obvious from the concluding part of his order, which is extracted below : further by virtue of Section 210 (2) of Cr. P. C. both the matters can be clubbed together and tried together treating as if both the cases are instituted on a police report.

( 4 ) UNDER these circumstances, I treat the order of the learned Sessions Judge as having been passed on the merits of the matter after condoning the delay in filing the application before him. At any rate I am inclined to condone the delay under the circumstances stated by the petitioner. Further what has been placed before the Court is a serious legal question having vital bearing on the trajectory of the Sessions Case committed by the learned Judicial First Class Magistrate, Venkatagiri in P. R. C. No. 5 of 1999 and P. R. C. No. 7 of 1999 as such it is necessary to dispose of the matter on merits.

( 5 ) THE quint essential facts as glean from the committal order passed by the learned Magistrate are as follows : the incident which occurred on 24-2-1995, in which the death of Namathoti Ratnam came to light at about 5. 30 a. m. on that day. The deceased, who was a dummy candidate of the Congress Party for the post of Zilla Parishad Territorial Constituency, came to be projected as official candidate of the party in view of the rejection of the nomination of the official candidate. The accused are said to have brought pressure on him to withdraw from the context against the candidate on behalf of the Telugu Desam Party. The accused threatened the deceased with dire consequences in case he failed to abide by their demand. Alternatively, they are said to have offered him inducements. Undaunted by the inducements or threats, the deceased is said to have decided to go ahead with his contest and filed his "b" form on behalf of the congress party with the concerned election officer. Ganta Poliah, A7 is alleged to have gone to the deceased on 23-3-1995 and he was with him till 9. 30 p. m. for attempting admitting to persuade his withdrawal. The said Ganta Poliah went to the deceased s house on the next day morning i. e. 24-2-1995 at about 5. 30 a. m. and woke up the son of the deceased, and enquired about his father. When they came out they found the dead body of the deceased having to a neem tree by the side of his house. On a report from the wife of the deceased, a case in Crime No. 19 of 1995 was registered at Dakkli police station for offences under Sections 302 and 209 of IPC. After investigation, the charge-sheet was filed by the police for the offences under Sections 448, 306 and 506 of IPC. This charge-sheet was registered as P. R. C. No. 7 of 1997 on the file of the learned Magistrate, Venkatagiri.

( 6 ) IN the meanwhile, as the petitioner-complainant was not satisfied with the investigation by the police, she filed a private complaint in respect of the same incident which was registered as P. R. C. No. 5 of 1997 on the file of the same Magistrate. The learned Magistrate has taken cognizance of this complaint under Section 302 of IPC after examining the complainant and her witnesses as stated in the committal order.

( 7 ) WHILE both the P. R. Cs came up for consideration for committal, the learned Judicial First Class Magistrate passed orders on