The Court observed that it would have been entirely a different matter had the appellant filed an appeal in terms of Section 149 CPC and thereafter removed the defects by paying deficit court fees.
The Court had earlier quashed the FIR, noting that despite there being serious allegations against the godman, the State had failed to seek condonation of delay for filing the FIR 10 years after the alleged incident.
The high court quashed the FIR that was based on a complaint made by a woman for a 2010-11 incident, after noting that the prosecution had failed to make an application before the Magistrate for condonation of delay.
The Court observed that negligence on the part of the lawyer is sufficient cause to condone delay in filing petitions, especially when no malafides can be attributed to the party in question.