Revision
V.N.K. MENON
(Querist) 21 October 2013
This query is : Resolved
Details: A complaint was filed with the Magistrate against employer ( who has tainted course and conduct including graft charges) for breach of trust u/s 405 and 420 IPC --- 1st Magistrate ordered police investigation---- status report submitted by I.O. which was unsubstantiated ---- IO was directed to produce documents on which his report was based ---- he filed certain copies which does not support his version ---- Complainant filed protest petition to reject the report and summon accused employer ---- IO was directed to give his reply ---- 2nd Presiding Officer took charge ---- I.O. submitted his reply after direction issued to his superior ---- Matter was listed for arguments ---- I.O. remained elusive ----Presiding officer was promoted and again new Presiding Officer took charge ---- who dismissed the complaint the very first day of his presiding ---- there was some flaw in the order ---- filed revision petition ---- Notice to accused empyr. Issued by sessions---- initially the asst. sessions judge seemed very impartial ----listed for arguments ---- after getting some 2/3 adjournments at the request of employer advocate ----taking into the account the tricky background of the employer a written argument was submitted by complainant ---- argument initiated by employer advocate ---- Matter was ordered/dismissed on 20th September 2013.
Problem: Application for certified copy was submitted on 7th October, 1st date of delivery was 10th October, extended to 21st Oct, again extended to 24th Oct. Every time it was told that the file has not come from the Sessions to copying agency.
Since leave to appeal is to be filed in the High Court within 60 days, what is the effective remedy? And how to get copy of the order.
Any other helpful suggestion the circumstances, may be given?
H. S. Thukral
(Expert) 22 October 2013
the time taken in delivery of certified copy of the order is not to be included in the limitation to file an appeal/revision. Time of application and time of delivery of copy is mentioned on the certified copy.
Rajendra K Goyal
(Expert) 22 October 2013
Agree with the expert H. S. Thukral ji.
V.N.K. MENON
(Querist) 22 October 2013
Thank you Mr. Thukralji and Goyalji. By the way the time limit i feel is 60 days to file in H/Court- am i correct, pl?
