Md. Aslam, son of late Md. Abbas v. State of Jharkhand
2025-09-10
ANIL KUMAR CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : Anil Kumar Choudhary, J. 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with a prayer to quash the order dated 03.12.2015 passed by the learned Judicial Magistrate 1st Class-XII, Ranchi whereby and where under, the complaint filed by the petitioner vide Complaint Case No. 204 of 2015 has been dismissed for non-prosecution as well as for quashing the order dated 07.09.2022 passed in Criminal Revision No. 232 of 2022. 3. The brief fact of the case is that the petitioner is the complainant of Complaint Case No. 204 of 2015. The complaint was filed on 22.01.2015. The next date fixed by the learned Judicial Magistrate 1st Class-XII, Ranchi was 24.02.2015. On that date, the complainant did not appear but his lawyer filed his attendance. Thereafter, on four subsequent dates neither any step was taken by the complainant nor any step was taken by the lawyer and finally on 03.12.2015 as no step was taken on behalf of the complainant, the complaint was dismissed for non-prosecution. 4. The petitioner filed Criminal Revision No.232 of 2022 on 21.07.2022 after more than six years of the passing of the said order dated 03.12.2015. The only ground taken in the petition for condonation of delay was the prevalent covid pandemic condition and that the pairvikar of the petitioner could not understand that revision has to be filed within stipulated time. The learned Judicial Commissioner, Ranchi considered that the covid condition came into force in the year 2020 only but there is no explanation as to why the revision was not filed on any date after 03.12.2015 and before the covid pandemic started and from March 2022 till the date of filing of the revision. The revision court also considered that the ignorance of the pairvikar of the petitioner about the limitation is not a sufficient cause; in view of the settled principle of law that ignorance of law is no excuse and dismissed the criminal revision being barred by limitation. 5. It is submitted by the learned counsel for the petitioner that the petitioner has very good ground to raise in the complaint and unless the impugned order is set aside, the petitioner will be highly prejudiced. 6. Learned Spl.
5. It is submitted by the learned counsel for the petitioner that the petitioner has very good ground to raise in the complaint and unless the impugned order is set aside, the petitioner will be highly prejudiced. 6. Learned Spl. P.P. appearing for the State on the other hand opposes the prayer and submits that the petitioner has not whispered a word or reason as to why either of the two orders sought to be quashed; is to be quashed. There is no allegation that there is any illegality or error in either of the orders passed and in fact, there is no illegality or any error in either of the orders passed. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 7. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the undisputed fact remains that after filing of the complaint for about more than ten months, the complainant did not appear before the learned Judicial Magistrate 1st Class-XII, Ranchi and his lawyer also did not appear for more than nine months between 24.02.2015 to 03.12.2015 during which period the learned Judicial Magistrate 1st Class-XII, Ranchi fixed the case in four different dates also. 8. Under such circumstances, this Court do not find any illegality having been committed by the learned Judicial Magistrate 1st Class-XII, Ranchi for dismissing the complaint for non-prosecution. 9. So far as the order dated 07.09.2022 passed by the learned Judicial Commissioner, Ranchi in Criminal Revision No. 232 of 2022 is concerned, as has rightly been observed by the learned Judicial Commissioner, Ranchi that there is absolutely no explanation as to why the criminal revision which ought to have been filed within 90 days from 03.12.2015, was not filed on any day before the Covid-19 Pandemic started in March, 2020 nor there is any explanation why the same could not be filed after March 2022 to 21.07.2022 on which date ultimately, it was filed. 10.
10. Under such circumstances, the act of the learned Judicial Commissioner, Ranchi in not condoning the delay of more than six years in filing the criminal revision; in the considered opinion of this Court cannot be said to be an illegal order warranting interference of this Court in exercise of the power under Section 482 of Code of Criminal Procedure . 11. In view of the discussions made above, this criminal miscellaneous petition being without any merit is dismissed.