criminal appeal
VIJAY K. TEOTIA
(Querist) 15 December 2010
This query is : Resolved
In a complaint case, accused were summoned but the same was not served. through some source it came to the knowledge of accused about pending criminal complaint case and summoning by the court. accused engaged advocate and advocate applied for certified copy. after copy criminal revision filed along with application for condonation of delay. it was almost 04 month since summoning when revision filed. DJ court admitted appeal and called for record from lower court. the court issued notice to complainant and before going further heard on delay condonation. my question is whether delay condonation is required since summons were not served and revision filed immediately after obtaining order.
Raj Kumar Makkad
(Expert) 15 December 2010
As the application has already been moved by revisionist so court has to decide it first and process accordingly has been initiated. Had the revisionist not filed such application, court would not have dismissed the revision on the ground of delay.
