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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DINESH KUMAR PALIWAL
Sunil Kumar Dubey – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. filing of revision in a criminal case. (Para 1) |
| 2. application for condonation of delay. (Para 2 , 3 , 5) |
| 3. delay of 1074 days in filing. (Para 4 , 6 , 7) |
| 4. legal basis for condonation of delay. (Para 8 , 10 , 11 , 12) |
| 5. importance of reasonable explanation for delay. (Para 9 , 14 , 15) |
| 6. delay not condoned; dismisses revision. (Para 16 , 17) |
| 7. final decision and order of dismissal. (Para 18 , 19) |
ORDER :
DINESH KUMAR PALIWAL, J.
This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 has been filed by the applicant assailing the appeal judgment dated 25.01.2021 delivered by 2nd Additional Session Judge, District Singrauli (MP) in Criminal Appeal No.100294/2015 (Sunil Kumar Dubey Vs. State of M.P.) by which learned Appellate Court has only modified the sentence part of 03 years under Section 420 of IPC to 01 year R.I. preferred against the judgment of conviction and order of sentence dated 30.9.2015 passed by Chief Judicial Magistrate, Singrauli(MP) in Criminal Case No.1232/2007 ( State of M.P. Vs. Sunil Kumar Dubey ) whereby the applicant-accused has been convicted for commission of offence under Section 420 of IPC and
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.
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 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....
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