HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
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.
For Petitioner(s) : Mr.D.S.Udawat.
For Respondent(s) : Mr.O.P.Rathi, P.P.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
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,
Notice of the revision has been served on the respondents
but none has appeared on their behalf despite service.
(2 of 2)
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.
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.