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2024 Supreme(Online)(MP) 12852

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SUBODH ABHYANKAR, J
Modibai Kumawat – Appellant
Versus
Bherulal S/O Mr.S Mangilal Kumawat (Vaathra) Dead Thr. Lrs. Lilabai Kumawat D/O Late Bherulalji Kuma – Respondent
MCRC 41819/2022



Advocates:
Sunil Verma,

The limitation period for filing revisions is excluded during the Covid-19 lockdown as per the Supreme Court's ruling.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Limitation for filing revision - The petitioner challenged the order of the District Revisional Court which rejected the revision on grounds of limitation, asserting it was filed beyond 90 days from the SDM's order dated 30.12.2019 - The Supreme Court's ruling in Suo Motu Writ Petition (Civil) No.3 of 2020 excluded the period of limitation during Covid-19 lockdown, which was not considered by the District Court - The petition was allowed, and the matter remanded for reconsideration. (Paras 3-6)

Facts of the case:
The petitioner filed a revision against an order of the SDM dated 30.12.2019, which was rejected by the District Court on the basis of limitation, as the revision was filed on 22.09.2020, beyond the stipulated 90 days.

Findings of Court:
The District Revisional Court failed to account for the exclusion of the limitation period due to Covid-19 as per the Supreme Court's directive.

Issues: The main issue was whether the period of limitation for filing the revision should include the time spent during the Covid-19 lockdown.

Ratio Decidendi: The court held that the period during which the country was under lockdown due to Covid-19 should be excluded from the limitation period for filing revisions, as established by the Supreme Court.

Result: The impugned order dated 27.05.2022 is set aside, and the matter is remanded back to the Revisional Court.

ORDER

1] Heard.

2] This petition has been filed by the petitioner under Section 482 of Cr.P.C . against the order dated 27.05.2022 passed by Additional Sessions Judge, Mandsaur in Criminal Revision No.4224 of 2020 arising out of order dated 30.12.2019 passed by SDM in a proceedings under Section 145 of Cr.P.C . 3] The only point raised by the counsel for the petitioner is that the revision has been rejected by the District Revisional Court on the ground of limitation holding that the revision has been filed beyond the period of 90 days as the impugned order passed by the SDM was dated 30.12.2019 and the petitioner was required to file the revision within 90 days therefrom, however, the revision itself has been filed on 22.09.2020. 4] Counsel for the petitioner has submitted that the aforesaid finding runs contrary to the law laid down by the Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020 dated 08.03. 2021 in which the period spent during Covid-19 has already been excluded from the period of limitation and on 22.09.2020 also the Covid was at its peak when the revision was preferred, whereas the countrywide lockdown started from 15.03.2020 and as per the Supreme Court's decision, the period from 15.03.2020 to 28.02.2022 has already been excluded. Thus, it is submitted that the impugned order be set aside.

5] Counsel for the respondent No.10 has opposed the prayer. However, it is not denied that the period spent during Covid-19 time has been excluded by the Supreme Court.

6] In view of the aforesaid submissions, this Court is inclined to allow the present petition as the learned Judge of the District Revisional Court has not at all taken into account the period of Covid-19. Accordingly, the impugned order dated 27.05.2022 is hereby set aside and the matter is remanded back to the Revisional Court to decide the same, in accordance with law by a reasoned and speaking order.

7] Parties are also directed to appear before the Revisional Court on 22.05.2024. 8] With the aforesaid, the petition stands allowed and disposed of.

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