Delay condonation cannot be rejected on a misreading of the applicant’s pleaded date of knowledge.

The petitioners challenged an Executive Magistrate’s order dated 5 December 2022 made in proceedings under Sections 145 and 146 CrPC.

Their criminal revision was dismissed by the Principal Sessions Judge, Rajouri, after the accompanying application to condone delay was rejected.

The petitioners therefore challenged the dismissal of their revision and condonation application.

The underlying proceedings arose under Sections 145 and 146 CrPC.

The High Court’s stated basis was that the application had to be assessed on an accurate reading of its pleadings, and that the Sessions Judge should reconsider the condonation request on its merits and in accordance with law.

The Sessions Judge concluded that the petitioners had admitted knowledge of the Executive Magistrate’s order on 15 December 2022, but the High Court’s reading of paragraph 3 of the application showed that the references to that date concerned the order date and appeared to be typographical errors.

The application pleaded 3 June 2024 as the date on which the petitioners learned of the order and sought a certified copy.

Because the rejection of condonation rested on the contrary understanding, the High Court set it aside but left the merits of the delay explanation for the Sessions Judge to decide.

The parties were directed to appear before the Sessions Judge on 2 November 2026; the High Court’s interim order was to remain in force until then, after which the Sessions Judge could extend, modify, or vacate it as warranted.

The petition was disposed of.