Supreme Court: The revisional court should apply liberal approach while considering the question of limitation in regard to the time barred criminal revision

The Supreme Court noted that the High Court should have exercised its discretion to condone the delay given the “facts and circumstances of the present case.” It found that the interests of justice required the matter to be decided on merits rather than disposed of on a technical ground. Consequently, the Court set aside the High Court’s order and remitted the revision petition for fresh consideration on its substantive merits.

Ratio: Hon’ble Supreme Court observed that criminal revision cannot be dismissed on technical ground like limitation otherwise if the order passed by Lower Court is illegal that illegality will perpetuate and survive if the power of revision is not exercise by the revisional court for technical reason like limitation. The revisional court should apply liberal approach while considering the question of limitation in regard to the time barred criminal revision.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 558 and 559 of 2000

Decided On: 21.07.2000

Shilpa and Ors. Vs. Madhukar and Ors.

Hon'ble Judges/Coram:

G.B. Pattanaik and U.C. Banerjee, JJ.

Citation: 2001 SUPREME 4 4892001 BOMCR SC SUPP 2 498,2001 (1) JIC 588 (SC),MANU/SC/3177/2000

1. Leave granted.

2. The complainant-respondent No. 1 though has been served but does not appear. The service must be treated to be sufficient in view of the office report. The said Respondent No. 2 is present.

3. In a proceeding under Section 125 Code of Criminal Procedure filed by the Appellant, the Magistrate granted maintenance. Against the said order, the husband approached the Sessions Judge in revision and the Sessions Judge interfered with the same. The wife approached the High Court and the High Court however, without going into the merits of the matter, dismissed the application on the ground of limitation.

4. Having heard the Learned Counsel for the Appellant and on going through the impugned order of the High Court, we are of the considered opinion that in the facts and circumstances of the present case, the High Court would have done well in condoning the delay and entertaining the application of revision and disposing of the same on merits. In this view of the matter, we set aside me impugned order and remit the matter to the High Court for redisposal of the same on merits.

5. These appeals stand disposed of accordingly.

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