( 1 ) THE State has preferred this revision application under section 397 of Cr. P. C. to challenge the order dated 07. 04. 2005 below ex. 42 in Sessions Case No. 18 of 2004 whereby the application for joining as accused one person under section 319 of cr. P. C. was rejected. Even after clear evidence of the victim himself implicating the known accused person in serious offence, that person was not joined asaccused person and the application of the state under section 319 of Cr. P. C. was rejected by the impugned order only on the ground that the name of the person was not included in the charge-sheetafter the investigating agency verifying his alibi. Although that person, namely Haribhai mohanlal, was joined in the application for ' excise of powers under section 319 of cr. P. C. , that person is not even joined as a party in the present revision application.

( 2 ) THE present revision application was filed in August, 2005, after four months of the impugned order, but no application for condonation of delay was filed. Therefore, the present petition appears to have remained under office objection till December, 2005 when application for condoning delay of 21 days