Section 473 CrPC delay condonation depends on a proper explanation or the interests of justice, not both cumulatively.

Delay in filing a criminal complaint may be condoned under Section 473 CrPC where the delay is properly explained or where condonation is necessary in the interests of justice, and those requirements are disjunctive rather than cumulative. The Court accepted the prosecution's explanation that it first obtained legal opinion on whether a corporate entity could be arrayed as an accused, treating that step as bona fide diligence rather than negligence. The plea based on speedy trial was rejected because the circumstances justified extension of limitation. The orders condoning delay and sustaining the complaint were therefore upheld.

---

---

Issues: Whether the delay in filing the complaint could be condoned under Section 473 of the Code of Criminal Procedure, 1973, and whether the orders condoning the delay and upholding the complaint were liable to be set aside.

Analysis: Section 473 of the Code of Criminal Procedure, 1973 enables a court to take cognizance after expiry of limitation if the delay has been properly explained or if it is necessary to do so in the interests of justice. The Court held that the provision is disjunctive and that the word "or" cannot be read as "and". The explanation offered by the prosecuting agency was found acceptable because the complaint was filed after obtaining legal opinion on whether the corporate entity could be arrayed as an accused, and this was treated as a bona fide step showing due diligence rather than negligence or inaction. The reliance on the principle of speedy trial did not assist the petitioner, because the facts justified the extension of limitation.

Conclusion: The delay was rightly condoned, and the challenge to the complaint failed.

Ratio Decidendi: Under Section 473 of the Code of Criminal Procedure, 1973, delay may be condoned if either the delay is properly explained or the interests of justice so require, and the two requirements are not cumulative.

---