Smt Saraswati vs State & Ors on 1 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 1052 / 2016
Smt Saraswati wife of Mukesh, D/o Nathu Lal, by caste Regar,
resident of Bhairunda, Tehsil Degana, District Nagaur, presently
resident of Mumbai.

—-Petitioner
Versus

1. The State of Rajasthan

2. Mukesh son of Mohan Lal

3. Mohan Lal son of Pussa Ram

4. Lata Devi wife of Mohan Lal

No.2 to 4 by caste Regar, residents of Katmor District Pali.

—-Respondents
__
For Petitioner(s) : Mr.D.S.Udawat.
For Respondent(s) : Mr.O.P.Rathi, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
01/08/2017

The petitioner is the complainant of the case. The

respondents were acquitted of the charges under Sections 498A,

406 and 494 I.P.C. by learned Judicial Magistrate, Degana by

judgment dated 20.3.2013. The victim filed an appeal against the

acquittal order before the learned Additional Sessions Judge,

Merta. However, it appears that the appeal was delayed by a few

days. The appellate court rejected the appeal by order dated

30.5.2016 on the ground that the same was time barred. Hence,

this revision.

Notice of the revision has been served on the respondents

but none has appeared on their behalf despite service.

(2 of 2)
[CRLR-1052/2016]

I have considered the arguments advanced by the learned

counsel Shri Udawat and learned Public Prosecutor and have gone

through the impugned judgment passed by the appellate court.

In my opinion, the appellate court acted in an unreasonable

manner while rejecting the appeal merely on the ground of delay.

The petitioner is a woman and was reportedly living at Mumbai.

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Without any doubt, she could not have known of the judgment

passed by the appellate court because the case was being

proceeded as a State case.

Consequently, I am inclined to accept this revision which is

hereby allowed. The impugned order dated 30.5.2016 passed by

the learned Additional Sessions Judge, Merta is set aside. The

matter is remanded to the appellate court, who shall condone the

delay occasioned in filing the appeal and thereafter, proceed to

decide the matter as per law on merits after providing opportunity

of hearing to the parties.

Record be returned forthwith.

(SANDEEP MEHTA)J.

/tarun goyal/

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