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 parties to demonstrate diligence and seriousness in pursuing their legal remedies.

ORDER :

Order on Crl. Misc. Delay Condonation Application No. 1 of 2023

1. List revised.

2. The present revision U/s 397/401 Cr.P.C. has been filed before this Court by the revisionist Diwakar Nath Tripathi with the following prayers:

“It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to summon the lower Courts record, allow the present Revision and be pleased to set aside the Judgment and Order dated 04.09.2021, passed by the Learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad, C.N.R. No. 2750/2021, Misc. Case No. 102/XII/2021, Diwakar Nath Tripathi vs. Keshav Prasad Maurya, P.S. Cantt, District- Prayagraj by which the application filed by the revisionist U/S 156(3) Cr.P.C. was rejected otherwise the Revisionist shall suffer irreparable loss and injury.”

3. The revision was presented before the Section Officer, Stamp Reporter (Criminal) High Court, Allahabad on 12.04.2023 and was reported to be in limitation upto 29.05.2022 and thus beyond time by 318 days. A delay condonation application dated 11.04.2023 supported by an affidavit dated 10.04.2023 of the revisionist has been filed with it. Subsequently the revision after being presented for reporting was then presented before J.R. (J) (Computer), High Court Allahabad on 21.04.2023 for its filing after which it was marked to be beyond time by 327 days.

4. Previously the applicant had filed a Crl. Misc. Application U/s 482 No. 27198 of 2021 (Diwakar Nath Tripathi vs. State of U.P. and Another) which after some arguments was prayed to be dismissed as withdrawn by learned counsel appearing therein as he intended to explore the remedy available to him under law and as such the same was dismissed as withdrawn by this Court. The said order dated 24.11.2022 reads as under:

“List revised.

Heard Sri Kamal Krishna Roy, learned counsel for the applicant, Sri M.C. Chaturvedi, learned Senior Advocate/Additional Advocate General assisted by Sri A.K. Sand, learned AGA for the State.

The present applicant under Section 482 Cr.P.C. has been filed by the applicant with the following prayer:

“It is, therefore, most respectfully prayed that this Hon'ble Court may most graciously be pleased to allow this application to quash/set aside the impugned order dated 04.09.2021 passed by Addl. Chief Judicial Magistrate, Allahabad in CNR No. 2750 of 2021 Misc. Case No. 102/XII/2021 Diwakar Nath Tripathi Police Station Cantt. District Prayagraj and also stay the operation of order dated 04.09.2021 and further direct to the learned Magistrate to exercise their power under Section 156(3) Cr.P.C. and direct to lodge the first information report, during the pendency of present application Under Section 482 Cr.P.C. before this Hon'ble Court, otherwise the applicants shall suffer grave irreparable loss and injury.”

The applicant is the complainant of the case.

After some arguments, learned counsel for the applicant prays that the present application under Section 482 Cr.P.C. be dismissed as withdrawn as he intends to explore the remedy available to him under law.

The prayer is allowed.

The present application under Section 482 Cr.P.C. is dismissed as withdrawn.”

The order is annexed as annexure 1 to the affidavit in support of the criminal revision.

5. Vide order dated 21.11.2023 passed by a co-ordinate Bench of this Court, notice was issued to the respondent no. 2 on the delay condonation application. The said order reads as under:

“Heard learned counsel for the revisionist and Sri P.K. Giri, learned Additional Advocate General along with learned A.G.A. for the State.

This criminal revision has been filed with delay of 327 days.

Issue notice to the respondent no. 2 returnable at an early date for hearing on delay condonation application filed under Section 5 Limitation Act.

The opposite parties may file counter affidavit within four weeks.

Put up on 21.12.2023 as fresh.”

6. Heard Sri Ramesh Chandra Dwivedi, learned counsel for the revisionist, Sri M.C. Chaturvedi, Senior Ad