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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
State of Kerala, Represented By The Additional Public Prosecutor – Appellant
Versus
Adoor Prakash, S/O.Kunhiraman – Respondent
JUDGMENT :
A. Badharudeen, J.
This is a petition filed to condone delay of 225 days in filing the revision petition.
2. The reasons for condoning the delay in a nutshell could be gathered from paragraph Nos.3 and 4 of the affidavit in support of this petition and the same are as follows:
“3. The Criminal Revision Petition against the order of the Court below ought to have been filed within 90 days from the date of the issuance of a certified copy of the impugned order. As per the existing Rules and Procedures, the order is to be perused and examined by the Investigating Officer of the case, the Additional Legal Advisor, who is in charge of the case. The Legal Adviser has advised to challenge the impugned order as per the remarks dated 6/10/2021. In turn the Superintendent of Police, Vigilance and Anti- Corruption Bureau, Northern Range, Kozhikode has forwarded the request dated 25/10/2021 to Director, VACB to file appeal against the impugned order. Subsequently the Director, VACB has vide letter dated 9/11/2021 reques the Government for according order to file appeal against the impugned order. The Home and Vigilance Department which decides and issues order to file appeal against the
Sufficient cause must be shown to condone delay in filing legal petitions; courts should adopt a liberal approach while ensuring that procedural lapses do not prevent justice.
The court emphasizes that a delay in filing a petition must be justified with sufficient cause, and mere claims without evidence will not suffice.
The court ruled that the applicant's delay of 1074 days in filing a revision petition was unjustified due to lack of sufficient cause, emphasizing the importance of adhering to limitation laws.
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....
A liberal approach to condonation of delay under Section 5 of The Limitation Act requires a reasonable explanation; mere administrative delays are insufficient.
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