IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5736 of 2010 DEEPA ROY,Son of Dular Roy, resident of Village-Bathna, P.S. Motipur, District- Muzaffarpur ---- Petitioner. Versus 1. THE STATE OF BIHAR 2. Baiju Roy, Son of Dular Rai, resident of Village- Bathana, P.S. Motipur, District-Muzaffarpur --- Opp.Parties. ----------- 02 17-02-2010 Heard Mr. Deepak Sahay Jamuar, learned counsel for the petitioner and Mr. Amitesh Kumar, learned A.P.P. the State. The petitioner has challenged the order 2.6.2008 passed by the learned Sessions Judge, Muzaffarpur in Cr.Revision No.38 of 2008. The petitioner had filed a revision petition against the order of acquittal before the Sessions Court, Muzaffarpur. The petitioner also filed a petition for condoning the delay of 27 days in filing the revision petition, as appeared from the order dated 2.6.2008. On repeated calls, when no one appeared, the learned Sessions Judge examined the matter and rejected the revision on the ground of delay. Although, the petitioner has challenged the order of rejection of revision petition on the ground of limitation, but he has not brought on record - 2 - before this Court the Judgment and order of acquittal and, as such, the Court is handicapped in examining the order of acquittal. The rejection order was passed by the learned Sessions Court on 2.6.2008 when none appeared on behalf of the petitioner and mainly on the ground of limitation. Though the revision petition was mainly dismissed on the ground of delay, the petitioner did not take immediate steps to challenge the said order and again after expiry of about 1½ years the petitioner has come to this Court challenging the impugned order. It was a case of acquittal and, as such, if aggrieved, the petitioner was to take immediate steps but he slumbered over his right. Under the above facts and circumstances of the case, this Court is feeling difficulty to entertain the present petition and, as such, the petition stands rejected. NKS/- ( Rakesh Kumar,J)