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Issues involved: Application for condonation of delay u/s 5 of the Limitation Act, Revision petition u/s 397 read with Section 401 of the Code of Civil Procedure.
In the present case, an application was made under Section 5 of the Limitation Act for condonation of delay of 29 days in filing the petition. The application was allowed, and the delay was condoned, leading to the disposal of the application. The revision petition was filed under Section 397 read with Section 401 of the Code of Civil Procedure against an order passed by the learned ACMM. The petitioner sought proceedings against the respondent under Section 82/83/84 and 85 Cr.P.C., which were dismissed by the ACMM. The ACMM's refusal was based on the grounds that the earlier notice issued under Sections 82 to 87 Cr.P.C. was not properly executed. However, the Court found the ACMM's decision to be contrary to law and directed the ACMM to proceed against the accused, ensuring compliance with the provisions of Cr.P.C. The Court emphasized that it cannot ignore the need for proper action even if the investigating agency is not acting appropriately. It stated that the Court must ensure that every matter reaches its logical end and not allow the accused to evade the process due to the investigating agency's shortcomings. The impugned order was set aside, and the ACMM was directed to proceed against the accused as per the law. The petitioner's counsel argued that the notice was served on the wife of the respondent/accused, indicating awareness of the proceedings. The petitioner was directed to appear before the Court of ACMM on a specified date, and the petition was disposed of accordingly.
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