JUDGMENT :

(SANJAY PRASAD, J.)

It appears from the service report that notice has been personally served upon the opposite party no. 2 personally. However, when the case is called out, none had appeared on behalf of the opposite party no. 2.

2. The instant I. A. No. 5940 of 2024 has been filed under Section 5 of the Limitation Act for condoning the delay of 588 days in filing the instant Cr. Rev. No. 489 of 2024.

3. Learned counsel for the petitioner has submitted that the petitioner is husband and after dismissal of the Criminal Appeal No. 54 of 2016, he had surrendered on 17.07.2023 and thereafter he is custody for more than one and half years. It is submitted that due to paucity of money, this Criminal Revision could not filed within time and as such, delay of 588 days in filing Criminal Revision No. 54 of 2016 may be condoned.

4. Learned counsel for the State raised no objection.

5. No one appears on behalf of the opposite party no. 2.

6. Having heard learned counsel for the petitioner and learned counsel for the State and considering the custody of the petitioner and also in view of the averments made in para -5 to 9 of the instant I. A. No. 5940 of 2024 and taking lenient view, the