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2004 Supreme(MP) 347

AJIT SINGH
OM PURI – Appellant
Versus
STATE OF MADHYA pradesh – Respondent


Advocates Appeared:
Deepak Okhade, MANISH DATT

( 1 ) THIS revision, by the accused, is directed against the order dated 18-10-2000 passed in an unregistered criminal appeal by the Additional Sessions Judge, begumgan, Raisen, whereby he dismissed the appeal on the ground that it was barred by two months of the prescribed period of limitation.

( 2 ) THE trial Court convicted the applicant for offences under Sections 325/34 and 506, Part II of the Indian Penal Code and sentenced to two years rigorous imprisonment and a fine of Rs. 500/- on both counts. The appellate Court, by the impugned order, dismissed the appeal on the ground that it was barred by two months The appellate court rejected the plea of the applicant that he fell sick and, therefore, he could not file the appeal within the prescribed period of limitation.

( 3 ) IT is a well settled principle of law that rules of. limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. Furthermore, the primary function of a Court is to adjudicate the dispute between the parties and to advance substantial justice. The time limit fixed for approaching the Court in different situatio





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