(Querist) 11 March 2010
This query is : Resolved
R/Members Three persons were summoned on Dated 20-09-09 as an accused in my crl complaint,limitation for revision is 90 days against summoning order,out of three accused two accused surrendered before trial court and were bailed out,they didnot file revision and their linitation period of 90 days expired but third accused filed revision after calculating period of 90 days starts from the date of knowledge,two another accused persons are also co-revisionist in this revision,whereas their limitation has already been expired much prior to filing of this revision,it is pertinent to add here that third revisionist who has filed revision after expiry of limitation on the ground of date of knowledge is wife of accused no. 1 who has already bailed out and didnot file any revision within limitation period but lateron became co-revisionist with his wife i.e. accused no. 3 ,it is also better to mention here that accused couple is residing in same house.what is legal position regarding maintainability of this revision,kindly advice.Thanx with Regards
Raj Kumar Makkad
(Expert) 11 March 2010
In the given quarry, there is no scope for the husband to file revision beyond limitation and even when he has already surrendered before trial court and has obtained his bail therefrom. No benefit of limitation is available to him in the given facts.