Criminal Revision No. 1118 of 1999 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1118 of 1999 (O&M) Date of Decision: 12.5.2010 Sunil Kumar …Petitioner Versus Union of India and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rupinder Kaur Thind, Advocate for the petitioner. None for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) Criminal Misc. No. 23696 of 2010 Criminal Misc. Application is allowed. Document (Annexure A1) is taken on record. Criminal Revision No. 1118 of 1999 In the present revision petition, challenge is to the order dated 6.4.1999, passed by the Court of Additional Sessions Judge, Faridkot, dismissing the application of the petitioner for condonation of delay in filing the appeal as well as not entertaining the appeal being time barred. Learned counsel for the petitioner, by filing an application bearing Criminal Misc. No. 23696 of 2010 has placed on record the Criminal Revision No. 1118 of 1999 (O&M) 2 order passed by the Allahabad High Court in Civil Misc. Writ Petition No. 4876 of 1992 on 13.7.1995, to urge that he had invoked the jurisdiction of the said High Court to assail the order passed by the trial Court. The Allahabad High Court had dismissed the writ petition on the ground that the petitioner has no cause of action within the territorial jurisdiction of the said High Court. Thus, the delay caused was not intentional. The petitioner has apparently approached the wrong forum. Instead of filing an appeal in the Sessions Court at Faridkot, he has approached the High Court at Allahabad. Therefore, the petitioner has a justifiable cause for condonation of delay. Otherwise also, this Court is of the view that fair play and equity demands that the appeal should be decided on merits. Accordingly, order dated 6.4.1999, passed by the Court of Additional Sessions Judge, Faridkot, is set aside. Prayer for condonation of delay is accepted. The matter is remanded back to the Court of Sessions Judge, Faridkot, with a direction to decide Criminal Misc. Appeal No. 10/6 of 1995 on merits. With these observations, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge May 12, 2010 “DK”