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Judgment
K.K. Verma, J.
Applicant by Shri Sachindra Dwivedi, Advocate, who prays for 15 days'' time for an adjournment to file an application u/s 5 of the Limitation Act and also a supporting affidavit in support thereof.
In Criminal Miscellaneous Case M.M. No. 45 of 1986 (State vs. Sewaram) an application for leave to appeal, which was apparently time-barred was filed without any application u/s 5 of the Limitation Act was being considered. In that case, I made the following observations:
Before I take up this request, I would like to place the experience of this Court in a good many appeals filed by the State against acquittal orders. A large number of appeals, apparently time barred, were filed without filing any application u/s 5 of the Limitation Act, when, in fact, a memo of appeal or a petition of revision, ought to contain averments therein to show how they are within time, and in cases where they are apparently time barred there should be an averment that an application u/s 5 of the Limitation Act was being filed for condonation of delay. Nothing of this sort is being done by the State. On top of it, when the office report about limitation is brought to the notice of the State counsel they pray for adjournments for filing an application u/s 5 of the Limitation Act. In many cases they do not file affidavits in support of such application, unless their attention is drawn to the lacuna. Where affidavits are filed, the affidavits are not in accordance with rules framed by the High Court. As said earlier, all this is very disturbing when with all the resources at their command the State Government agency shows rather counsel approach in such matters.
If I may say so these observations apply to the present case as well. Since in that case an adjournment was given, an adjournment is being given in this case also with the following observations which were made in my order dated 16-7-1986:
..........in future no such prayer for filing of an application u/s 5 of the Limitation Act may be entertained where the appeal was apparently time-barred.
Those filing appeals and revision petitions on behalf of accused persons would also do well to bear the above-mentioned observations in mind.