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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBHENDU SAMANTA
Management of Lekcon Infrastructure Private Limited – Appellant
Versus
State of Andhra Pradesh, Rep. by Its Public Prosecutor – Respondent
ORDER :
Subhendu Samanta, J.
1. The instant Criminal Revision Case is preferred against the order dated 31.05.2024, passed in Crl.M.P.No.182 of 2023, under Rule 127 of the Criminal Rules of Practice and Circular Orders 1990, read with Section 5 of the Limitation Act, 1963 whereby the learned Sessions Judge has condoned the delay of 1803 days in filing a Criminal Revision petition.
2. The brief facts of the case are that initially, Crime No.2 of 2016 of Dumbriguda Police Station, Visakhapatnam, was registered against the petitioners under Sections 41 , 102 and 120(b)of the Indian Penal Code, 1860 [for short 'IPC ’], Section 13 (2) of the (Unlawful Activities (Prevention) Act, 1967 [for short, 'the UAPA Act'] and Sections 4 and 20(A) of the Telegraphic Act 1885 [for short, 'the Telegraphic Act'] After completion of the investigation, the police filed a charge sheet before the Judicial Magistrate of First Class, Araku, who has taken cognizance of the offence and numbered it as C.C.No.30 of 2017. Thereafter, the accused filed a petition Crl.M.P.No.320 of 2017 for discharge. The learned Magistrate, by an order, dated 09.04.2018, has allowed the Crl.M.P. No.320 of 2017 and the accused w
The court emphasized that sufficient cause for delay under the Limitation Act must be established, aligning government entities with private litigants regarding the standards for delay condonation.
The judgment emphasizes the importance of providing a genuine and substantiated reason for seeking condonation of delay under Section 5 of the Limitation Act, 1963, and highlights the need for partie....
The law of limitation applies equally to all parties, including State entities, and delays cannot be condoned unless supported by sufficient and clear explanations.
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