Whether it is improper for the appellate court to dismiss revision petition on the technical plea of limitation?

I am of the opinion that the Revisional Court took rather dogmatic view while dismissing the Revision Application on technical plea of limitation.

8. What appears from the record is that when the criminal prosecution was stopped u/s 258 of the Code of Criminal Procedure, the applicant was not heard, as regards the question of disposal of the property. The learned Judicial Magistrate (F.C.) ordered confiscation of the cash amount without giving opportunity to the applicant to make any submission.

So his immediate conduct was to request the learned Magistrate to recall such order. Considering these aspects, dismissal of the Revisional Application, on technical pleas, was improper.

Bombay High Court

Dwarkadas Bandulal Agrawal vs The State Of Maharashtra on 11 September, 2008

Bench: V.R. Kingaonkar

     Citation: 2009 ALLMR(CRI)1040

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