- (1.) This is an application U/S. 5 of the Limitation Act praying for condonation of the delay of 28 days in filing the Revisional Application.
(2.) The impugned Order, which is the subject matter of the revision was passed by the Ld. Chief Metropolitan Magistrate, Calcutta, in CRR Case No. 2522 of 2014 on the 24th of November, 2014. The FIR No. 632 of 2014 was drawn up U/Ss. 466/ 467/ 468/ 471/ 474/ 420/ 406/ 409/120B of the IPC in the Hare Street PS on 15.11.2014 on the basis of a petition of complaint filed before the Ld. CMM earlier U/S. 156(3) of 2003 of the Cr.P.C by the respondent Nos. 2 and 3. It was put up for the first time before the Ld. Magistrate on the very date of passing of the impugned order. By virtue of that Order, the Ld. CMM was pleased to allow the IO's prayer for directing the Registrar of Assurance, Kolkata -1, to not allow any registration/transfer/sale in respect of the certain immovable properties which were the subject matter of the complaint. The petitioner, which happens to be a Registered Company interested in the disputed property, subsequently filed the revisional application on 16.04.2015 along with the present application U/S. 5.
(3.) It has been submitted that the petitioner was not aware of the impugned order passed by the Ld. CMM as it had no notice of the proceedings. It learnt about the same only in the month of December, from the Registrar's Office where the impugned order had been conveyed at the instance of the I.O. The petitioner thereafter applied for Certified Copy of the same, which was delivered on 20.12.2012. It is the also petitioner's contention that the erstwhile Director of the Company had been suffering from Jaundice for a long time and that Mr. Ratan Lal Shyamsukha, who ultimately filed the revision along with the application was given the responsibility of handling the matter by a resolution of the Company on the 31st March, 2015. He could contact his Advocate only in the beginning of April. The petitioner has therefore prayed for condonation of a delay of 28 days in filing the same.;