IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.14403-M of 2010 Date of Decision:13.5.2011 Kamlesh Rani .... Petitioner Versus The State of Punjab and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. H.R. Nohria, Advocate for the petitioner. Mr. J.S. Brar, A.A.G. Punjab. Mr. Tushar Sharma, Advocate for respondents No.2 to 5. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of orders dated 12.1.2010 (P-1 and P-2) passed by the learned Additional Sessions Judge, Barnala. It is not disputed that the learned Additional Sessions Judge, Barnal, vide his orders dated 12.1.2010 (P-1 and P-2) dismissed the application of the petitioner for condonation of delay in filing the revision petition and subsequently also dismissed the revision against acquittal. Learned counsel for the respondents vehemently opposed the prayer of the petitioner on the ground that the conduct of the petitioner is evident from the order dated 1.8.2006 passed by the learned Judicial Magistrate Ist Class, Barnala and there is no plausible explanation for the said delay. However, taking into account that the petitioner has been Crl. M. No.14403-M of 2010 -2- deprived of the opportunity from being heard on merits, it would be in the interest of justice and appropriate to set aside the orders dated 12.1.2010 (P-1 and P-2) passed by the learned Additional Sessions Judge, Barnala, vide which the application of the petitioner for condonation of delay was dismissed. Accordingly, in the interest of justice, orders dated 12.1.2010 (P-1 and P-2) passed by the learned Additional Sessions Judge, Barnala, are set aside and the matter is remanded back to the learned Additional Sessions Judge, Barnala to decide the revision on merits subject to the payment of Rs.5,000/- as costs. However, learned Additional Sessions Judge, Barnala, shall decide the revision petition within one month from receipt of this order. Accordingly, the parties through their counsel are directed to appear before the learned Additional Sessions Judge, Barnala, on 5.7.2011. 13.5.2011 ( NIRMALJIT KAUR ) rajeev JUDGE