Delay condonation

adv.t.p.ramesh (Querist) 08 June 2012 This query is : Resolved
magistrate dismiss a criminal mis petition which had a delay of 1200 days to file.offence is under drugs act.a person manufacture cotton crepe without licence.the aggrieved drug inspector prefer a criminal revision at sessions court.that has also had some delay.the delay con donation petition is filed under section 5 of of limitation act.court asked whether this petition can be allowed.please advise me

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R.K Nanda (Expert) 08 June 2012
No, as the delay is tremendous.

Nadeem Qureshi (Expert) 09 June 2012
agree with Mr.Nanda

J K Agrawal (Expert) 09 June 2012
The limitation Act does not discriminate in civil or criminal matters or other type of matters so application under section 5 is viable.

Shonee Kapoor (Expert) 09 June 2012
You may try your luck.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

mukesh Gupta (Expert) 10 June 2012
The delay in filing revision is to be judged on the grounds mentioned in the application for condonation of delay. But it may possible that the court may go to the merit of the magistrate order at this stage also.

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