IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.1265 of 2010 RAJU PASCHAL, son of Late F. Paschal, resident of J/10, P.C. Colony, Kankarbagh, P.S. Kankarbagh, District and Town-Patna. --- Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Law, Government of Bihar, Old Secretariat, Patna. 2. Regional Labour Commissioner (Central), Patna, Maurya Lok Complex, A Block, II Floor, Room No.6/16, Patna. --- Respondents ----------- 5. 18.4.2011 Heard learned counsel for the petitioner and the respondent-State as well as the respondent-Union of India. This application is directed against the order dated 27th of September, 2010 passed by the Sessions Judge, Motihari in Criminal Revision Application No.241 of 2010, whereby the revision application was dismissed as time barred. Learned counsel for the petitioner submits that the petitioner had filed an application for condoning the delay in filing the aforesaid revision application. However, without considering the merits of the condonation application and the cause shown by the petitioner for not filing the application within time, the application itself was dismissed holding that it was time barred. Learned counsel appearing for the respondents is not in a position to point out that the condonation application filed by the petitioner was considered by the court below. Considering the submissions of the parties, I find that while dismissing the revision application by order dated 27th of - 2 - September, 2010, it does not appear that the merits of the condonation application and the cause shown by the petitioner for not filing the application within were duly considered. In this view of the matter, the impugned order dated 27th of September, 2010 dismissing the Criminal Revision No.241 of 2010 is set aside and the matter is remitted back to the court below for passing a fresh order firstly on the condonation application filed by the petitioner as recorded in the order dated 27th September, 2010 in the aforesaid case. Learned counsel for the petitioner submits that the competent authority of the department itself has found that no case is made out against the petitioner for the alleged offence. Be that as it may, considering the urgency of the matter, let the aforesaid Criminal Revision Application No.241 of 2010 be disposed of expeditiously, preferably within a period of two months on receipt/production of the certified copy of the present order. The writ application stands disposed of. PNM (Shailesh Kumar Sinha, J.)