IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.990 of 2009 ANIL KUMAR SINGH Versus THE STATE OF BIHAR For the petitioner : Mr. Bishweshwar Ram, Advocate For the State : Mrs. Indu Bala Pandey, APP ----------- 2 10.07.2009 I.A. No. 1254 of 2009 By filing the present application, the petitioner seeks condonation of delay in filing the present revision application against the judgment and order dated 24.5.2005 passed by the learned Lower Appellate Court whereby the appeal preferred by him was rejected and the judgment and order of the learned court below convicting the petitioner under sections 379, 380 and 457 of the Indian Penal Code has been affirmed. On his own showing, the present revision application is barred by a delay of 1698 days. The impugned judgment was passed on 24.5.2004 whereas the present revision application was filed in this court on 26.6.2009. Learned counsel refers to few paragraphs of the application to explain the delay in filing the present revision application. It is stated that the he filed the aforesaid appeal and thereafter went to Punjab for his livelihood along with his entire family members and as such he had no knowledge about the final orders having been passed in the appeal preferred by him. In paragraph 6, it has been contended that on 26.2.2009, he returned to his village and thereafter contacted his lawyer and thereby got an information that the criminal appeal preferred by him had already been dismissed on 2 28.5.2004. He thereafter filed requisition and obtained copy thereof on 3.3.2009 and contacted his counsel at Patna on 15.3.2009 for filing this revision application. It again took about 03 months to him to surrender in the case so that the present criminal revision could be filed before this court. Having heard the counsel and after going through the submissions made at the bar, this court is of the view that even if lenient view is taken in the matter, the cause shown by the petitioner does not justify condonation of such a long time in filing the present application. In the circumstances, there is no merit in the present application. I.A. No. 1254 of 2009 is, accordingly, rejected. Since the application seeking condonation of delay has been rejected, the present revision application (Cr. Rev. No. 990 of 2009) has become incompetent being barred by limitation which is, accordingly, dismissed as such. pkj ( Kishore K. Mandal, J. )