Whether the Sessions Court has power to condone delay in filing revisions.
Samir Jha (Advocate) 09 February 2011
By Virtue of Section 399, Sessions Judge all or any of the power which may be excercised by the High court
Arvind Singh Chauhan (advocate) 09 February 2011
Yes session court has such power., if any apllication is filed for condonation.
Jeetendra singh (Advocate) 10 February 2011
file a application for condonation with your revision. Mostly courts are liberal in these matters..........
Adesh Kumar Sharma (Senior Associate Lawyer) 10 February 2011
As per the period for filing a criminal revision is 90 days. If that period is expired then you can file the revision alongwith an application under section 5 of Limitation Act for condonation of such delay, wherein you have to explain as to why such delay occured.
The section be read as hereunder:
5. Extension of prescribed period in certain cases - Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation - The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
I hope your query is pacified now.