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2026:CGHC:5385

NAFR

KUNAL

DEWANGAN

HIGH COURT OF CHHATTISGARH AT BILASPUR

Digitally

signed by

KUNAL

DEWANGAN

CRR No. 1447 of 2024

Sanjeev Saluja S/o. Munshi Ram Saluja Aged About 46 Years R/o.

Harikishan Colony, Nearby P.G.B.T. College, Tarbahar Chowk, Bilaspur,

Dist. Bilaspur (C.G.)

... Applicant(s)

versus

1 - Mamta Chhabra @ Surbhi Saluja W/o. Sanjeev Saluja Aged About 43

Years R/o. Through Satpal Chhabra, Shri Ram Nagar, Phase-2, P/7, Ekta

Colony, Raipur, Dist. Raipur (C.G.)

2 - Aryan Saluja S/o. Sanjeev Saluja Aged About 13 Years (Minor)

Representative Through Natural Guardian Mother Mamta Chhabra @

Surbhi Saluja, R/o. Through Satpal Chhabra, Shri Ram Nagar, Phase-2,

P/7, Ekta Colony, Raipur, Dist. Raipur (C.G.)

... Non-applicant(s)

For Applicant : Mr. Abhishek Choubey, Advocate.

For Non-applicant : Ms. Ayushi Yadav, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

30.01.2026

1. Mr. Abhishek Choubey, learned counsel for the applicant on I.A. No.

02 of 2024, which is an application for condonation of delay of 164 days in

preferring the instant criminal revision.

2. Learned counsel for the applicant most respectfully submitted that

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the applicant has preferred the present criminal revision against the order

dated 23.02.2024 passed by the learned 1st Additional Principal Judge,

Family Court, Raipur, District Raipur in Miscellaneous Criminal Case No.

619/2018, whereby the applicant has been directed to pay maintenance

of ₹3,000/- per month each to Non-Applicant No.1 and Non-Applicant

No.2. It is submitted that the applicant could not file the revision within the

prescribed period of limitation due to unavoidable and bona fide

circumstances. The applicant was continuously engaged in the medical

treatment of his mother, who was hospitalized due to serious cardio-

respiratory ailments. Immediately thereafter, the applicant himself had to

undergo medical treatment outside the State as he has been suffering

from chronic health issues. Owing to these compelling medical

circumstances, the applicant was unable to approach the Court within

time. It is further submitted that after obtaining the certified copy of the

impugned order, the applicant approached counsel, however, due to lack

of legal and procedural knowledge and his continuing medical difÏculties,

the revision could not be filed within the limitation period. The delay has

occurred neither deliberately nor intentionally, but solely due to

circumstances beyond the control of the applicant. It is further submits

that the delay of 164 days in filing the present revision is thus bona fide,

unintentional, and sufÏciently explained. The applicant has a good case on

merits and would suffer irreparable loss if the delay is not condoned,

whereas no prejudice would be caused to the non-applicants if the matter

is heard on merits. Therefore, in the interest of justice, it is humbly prayed

that this Court may kindly condone the delay in filing the present revision

and be pleased to decide the matter on merits.

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3. On the other hand, learned counsel for the Non-Applicants (wife

and son) opposes the submission as advanced by the learned counsel for

the applicant and submits that the present Criminal Revision has been

filed with an unexplained delay of 164 days and no sufÏcient cause has

been shown for condonation of such delay. Consequently the revision is

liable to be dismissed on the ground of limitation alone.

4. I have heard learned counsel appearing for the parties as also

perused the application for condonation of delay in preferring the instant

criminal revision.

5. The primary question that arises for consideration before this Court

is whether the delay of about 164 days in preferring the present revision

petition deserves to be condoned or not.

6. 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 th