Crpc -397

You can file after the limitation period provided you have to explain the day to day delay in your condonation petitoner from the date of passing the order, which should look to be reasonable.

Dear Sir,

First of all,Section 397 is meant for Revision of order,it can be of Summoning order .This Section is not for appeal or quashing.Now,revision is an option which needs to be filed very carefully,as it can only be filed once.Therefore,you need to be very cautious in going for revision.There is 90 days time limit for going for revision,you can file it ,the moment you find, that certain oder was non-est in law. 

Adv.Pradeep

09871765000

www.pradlaw.com

Limitation for Revision is 90 days as per Article 131 of the LA, but the same can be condoned if the applicant can show sufficient reasons for the delay. There is no suo motu power of the court to condone as condonation has to be moved under section 5 of the LA.

I fully endorse with the view of lerned adv. Sri Ramachari.  I humbly differ from the views expressed by Pradeep Kumar. Limitation is 90 days. Interlocutory orders are not amenable to the revisional jurisdiction u/s 397(2) Cr.P.C. Condonation of delay is both a question of fact and law.  Instances are there where  years of delay is condoned and even three days dealy is not condoned.

Another aspect of the matter in your query is that, court order of  summon can not be quash under 397 but only by invoking the inherent power of the Court Under section 482 CrPc.

My millions of thanks to all the members of LCI  for givingme timely replies and to give me strength for fighting against in justice

Dear Mr. Assumi,

The power of the court of sessions under 397 is co extensive and concurrent with that of the high court is wide enough to set aside the order of  issuance of summons. 

If criminal case is lunched against the accused without previous Sanction as engrafted under section 197 CrPc, can it be quashed under section 397 CrPc?