Prafullata Ramesh Kargave v. Ramesh B. Kargave (Kamble) & Ors.

Ms.Chhaya Khamkar h/f Atul Vanarse, Advocate for applicant. ========== Mr.P.A.Pol, APP for respondents. ========== CORAM : SMT. R.P. SONDURBALDO TA, J. DATED : 26TH AUGUST, 2009. PC :- 1 The applicant herein is the original complainant at whose instance proceedings under Section 498(A)r/w 34 of Indian Penal Code were initiated against the respondents. By the Judgment and Order dated 30th April 2001, the Trial Judge convicted the respondents for the offences under Section 498(A) r/w 34 of the Indian Penal Code and sentenced them to undergo imprisonment for two years with fine of Rs.2,000/-. On filing appeal by the respondents, the lower 2 Appellate Court by the judgment and order dated 7th July 2004 though maintained the conviction u/s 498-A r/w 34 reduced the substantive sentence till rising of the Court by maintaining the punishment of fine amount imposed by the Trial Court.

The present application is for condonation of delay of four years and sixty days in challenging the order of the appellate Court in filing this Criminal revision application. The reason stated in the application for condonation of delay is that the applicant was in two minds as regards filing of the revision and she was under impression that the State will challenge the order dated 7th July 2004. Both the reasons stated in the application are far from satisfactory. 4 Hence, the application for condonation of delay is dismissed. In view of dismissal of the delay condonation application, nothing survives in the revision and the same is accordingly disposed off. (JUDGE) 3