ORDER

The present petition under section 482 of Cr.P.C. has been directed against the order dated 25.4.2022 passed by Second Additional Sessions Judge Sabalgarh, District Morena, whereby an order dated 27.3.2021 passed by the learned Judicial Magistrate First Class Sabalgarh, wherein an application seeking rejection of the expunged report submitted by the Police was rejected, was under challenged.

2. The aforesaid order has been assailed on the ground that the learned Additional Sessions Judge while hearing the application under section 5 of the Limitation Act ignoring the fact that Hon'ble Apex Court in Suo Motu Reference (C) No.3 of 2020 has considered to exclude the period from 15.2.2020 to 14.3.2021 and has further extended the period till 28.2.2022 and as the present revision challenging the order of Judicial Magistrate First Class was presented on 22.10.2021 which was prior to the extended period of limitation i.e. 28.2.2022, and therefore the revision shoul have been considered within limitation though no ground thereof was taken in the application, but on extraneous reasons applying the strick principles of limitation the said application has been rejected resulting in dismissal of the revision petition which is perse illegal.

3. Learned counsel for the petitioner had raised a solitary ground that learned Additional Sessions Judge should have considered the fact that revision which was preferred by the petitioner was in the light of the judgment of the Hon'ble Apex Court in Suo Motu Reference (C) No.3 of 2020 was within limitation and should have consider the case of the petitioner on merits, but instead thereof the revision has been dismissed on the ground of limitation while rejecting the application under section 5 of the Limitation Act which was perse illegal, thus it was prayed that said petition be allowed and the impugned order dated 25.4.2022 be thererby set aside and the matter may be remanded back to the Revisional Authority to decide the said revision on its own merits.

4. Per contra learned Government Advocate for the State as well as for the respondents no.2 and 3 had submitted that no illegality has been committed by the learned Revisional Court as no ground as has been raised herein was argued before the Revisional Authority nor proper explanation was afforded for preferring the revision beyond the period of limitation.

5. After hearing the rival contentions this Court finds that admittedly the revision preferred by the present petitioner was during the period of pandemic Covid 19 and as the Hon'ble Apex Court in Suo Motu Reference (C) No.3 of 2020 had from time to time extended the period of limitation for filing any application till 28.2.2022 therefore, learned Trial Court on his own accord should have condone the delay and should have heard the revision on merits, but instead thereof while applying the direct principle of limitation which was already relaxed by the Hon'ble Apex Court dismissed the application under section 5 of limitation Act, whic is perverse.

6. Accordingly, the petition is hereby allowed. The order impugned dated 27.3.2021 and 25.4.2022 are hereby set aside. Matter is remitted back to the Revisional Authority for deciding the said revision in accordance with law on its own merit.

7. Parties are directed to appear before the Revisional Authority on 30.5.2024 and the Revisional Authority is directed to decide the said revision within a period of three months thereafter.

8. With the aforesaid the petition stands disposed of. (MILIND RAMESH PHADKE) JUDGE (aspr)