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
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