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2026:CGHC:5357

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 867 of 2024

Smt. Soniya Jangade W/o. Veerbhan Singh Jangade Aged About 27

Years Caste Satnami, R/o. Village - Darri, Post Office Temri, P.S.

Nandghat, District Bemetara (C.G.) At Present R/o. Village - Nawagaon,

Thelka, P.S. Fasterpur, District - Mungeli (C.G.)

AKHILESH D sii gg nit ea dl by y ... Applicant(s)

KUMAR AKHILESH

DEWANGANKUMAR

DEWANGAN

versus

Veerbhan Singh Jangade S/o. Nohar Das Jangdade Aged About 41

Years R/o. Village Darri, Post Office Temri, P.S. Nandghat, District

Bemetara (C.G.)

... Respondent(s)

For Applicant(s) : Mr. Shashi Kumar Kushwaha, Advocate.

For Respondent(s) : None.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

30.01.2026

1. Heard Mr. Shashi Kumar Kushwaha, learned counsel for the

applicant on I.A. No. 01 of 2024, which is an application for condonation

of delay under Section 5 of the Limitation Act of 65 days in preferring

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the instant criminal revision.

2. Learned counsel appearing for the applicant submitted that the

impugned order dated 31.01.2024 has been assailed by way of the

present revision. It is contended that the applicant could not approach

this Court within the period of limitation and that there is a delay of

about 65 days in filing the revision. Explaining the delay, it was urged

the applicant, being a poor and illiterate lady with no male family

member to assist her, was unaware of the legal proceedings and the

remedy of filing a criminal revision, upon gaining knowledge, she

approached the Legal Aid Committee, and the revision was filed

promptly thereafter. Accordingly, he prays for condoning the delay in the

interest of justice and proceed to hear the revision on merits.

3. I have heard learned counsel appearing for the applicant and also

perused the application for condonation of delay in preferring the instant

criminal revision.

4. The primary question that arises for consideration before this

Court is whether the delay of about 65 days in preferring the present

revision petition deserves to be condoned or not.

5. Recently, the Hon’ble Supreme Court in the matter of State of

Madhya Pradesh v. Ramkumar Choudhary, 2024 INSC 932, while

considering the delay, issued some directions and observed as follows:-

“5. The legal position is that where a case

has been presented in the Court beyond

limitation, the petitioner has to explain the

Court as to what was the "sufficient cause"

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which means an adequate and enough

reason which prevented him to approach the

Court within limitation. In Majji Sannemma v.

Reddy Sridevi, 2021 SCC Online SC 1260, it

was held by this Court that even though

limitation may harshly affect the rights of a

party, it has to be applied with all its rigour

when prescribed by statute. A reference was

also made to the decision of this Court in Ajay

Dabra v. Pyare Ram, 2023 SCC Online 92

wherein, it was held as follows:

"13. This Court in the case of Basawaraj v.

Special Land Acquisition Officer [(2013) 14

SCC 81] while rejecting an application for

condonation of delay for lack of sufficient

cause has concluded in Paragraph 15 as

follows:

“15. The law on the issue can be

summarised to the effect that where a case

has been presented in the court beyond

limitation, the applicant has to explain the

court as to what was the “sufficient cause”

which means an adequate and enough

reason which prevented him to approach

the court within limitation. In case a party is

found to be negligent, or for want of bona

fide on his part in the facts and

circumstances of the case, or found to

have not acted diligently or remained

inactive, there cannot be a justified ground

to condone the delay. No court could be

justified in condoning such an inordinate

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delay by imposing any condition

whatsoever. The application is to be

decided only within the parameters laid

down by this Court in regard to the

condonation of delay. In case there was no

sufficient cause to prevent a litigant to

approach the court on time condoning the

delay without any justification, p