- (1.) C R M-2169-2016 This is an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 50 days in filing the present application under Section 378(4) Cr.PC for grant of leave to appeal. Learned counsel for the applicant-appellant contends that clerk of the counsel of the lower court has supplied copy of the order dated 14.9.2015 passed by the trial Court only on 20.12.2015 and then, the applicant-appellant contacted to him for filing the appeal. He further contends that due to this reason, the delay has occurred.
(2.) In view of the above, the application is allowed and delay of 50 days in filing the application under Section 378(4) Cr.PC for grant of leave to appeal is condoned. This application has been moved under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the order dated 14.9.2015 passed by the Court of learned Judicial Magistrate 1st Class, Gurgaon. I have heard learned counsel for the applicant-appellant, besides perusing the record with due care and circumspection. Leave granted.
(3.) Briefly stated, complainant Rajbir son of Budhi Ram, resident of village Ghata, Tehsil and District Gurgaon, appellant herein, filed a complaint against the respondents under Sections 499 and 500 IPC. In the complaint, it has been alleged that the complainant is having agricultural land and a Pucca house. Accused Lalit is the nephew of complainant. He demanded his share in the agricultural land and other properties. Said Lalit has already taken his share in the land and other properties. In this manner, the accused are inimical towards the family of the complainant and wanted to lower down the reputation of the complainant in the eyes of the society. On 14.3.2010, accused Lalit convened a Panchayat and thereafter, Maha Panchayat on 21.3.2010, 27.4.2010, 3.5.2010 and 18.5.2010. Said Panchayat was attended by the accused persons. The respondents-accused used derogatory language against the complainant i.e. "Chor, Baiman and Dhokabaj". Chowkidar of the village was called by the respondents-accused and on their asking, he got effected the Munadi that the complainant has been ousted from Biradari and nobody would continue relation with him in future. The accused have used derogatory words with an intention to lower down the reputation of complainant and his family in the eyes of society. Process of summoning was issued and the accused were summoned under Section 500 IPC vide order dated 6.8.2012 passed by learned Magistrate.;