Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 2736 of 2018 Petitioner :- Mukrim Ali Respondent :- State Of U.P. And Another Counsel for Petitioner :- Mohd. Wasim,Syed Mohammed Jafer Husain Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. S.M. Jafer Husain, learned counsel for the petitioner and the learned A.G.A. for the State.
This petition under Article 227 of the Constitution of India has been filed challenging the order dated 12.2.2018 passed by the Additional Sessions Judge, Court No. 1, Muzaffar Nagar, dismissing the criminal revision No. 4 of 2014 (Mukrim Ali Vs. Naqi Hasan and others) filed by the petitioner challenging the summoning order dated 7.5.2012 passed by the Additional Chief Judicial Magistrate Ist, Muzaffar Nagar in Complaint Case No. 641 of 2012 (Naqi Hasan Vs. Mohammad and others) under sections 419, 420 IPC, Police Station Jansath, District Muzaffar Nagar.
Learned counsel for the petitioner submits that the present writ petition be confined only in respect of the challenge to the order dated 12.2.2018 passed by the Revisional Court.
He submits that the summoning order was passed by the Trial Court on 7.5.2012 and the revision was filed after an expiry of a period of more than 7 months from the date of passing of the summoning order. In view of the aforesaid fact an application was filed under section 5 of Limitation Act seeking condonation of delay. The ground urged for condonation of delay was that the petitioner has acquired the knowledge on 23.12.2013 when for the first time, the summons were served upon the petitioner. On the ground so urged the Revisional Court has recorded a finding that the same appears to be unnatural. Only on this assumption, the delay condonation application was rejected. The Revisional Court has not recorded a categorical finding as to whether the grounds urged for condonation of delay was sufficient and truthful or not. Thus, the Revisional Court has failed to exercise the jurisdiction vested in it. Consequently, the present petition succeeds and the impugned order dated 12.2.2018 is set aside. The matter is remanded to the Revisional Court for decision a fresh. The Revisional Court shall make all endeavour to decide the revision within a period of two months from the date of production of a certified copy of this order.
With the aforesaid directions, the present petition is allowed.
Order Date :- 27.4.2018 HSM