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Judgment
Arvind Kumar Verma, J
Heard on I.A. No. 01/2020, an application for condonation of delay in iling the appeal.
Learned counsel for the petitioner contended that the impugned order was passed on 25.11.2019 by the learned Court below and thereafter the Law and Legislative Afairs Department, Government of Chhattisgarh, Mantralaya, Atal Nagar, Raipur sent a proposal to the oice of the Advocate General to ile an acquittal appeal against the impugned judgment and order passed by learned court below. Thereafter, the case was placed before the learned Additional Advocate General and on the same day the case has been allotted to the Deputy Advocate General, thereafter, the proposed Cr.M.P./Acquittal Appeal against the impugned judgment has been drafted and the iled before the Court. The office initiated proceeding and certiied copy of the impugned judgment/order and other relevant exhibited documents have been received from the concerned department and thereafter, the instant Cr.M.P. has been prepared and iled before this Court. After obtaining necessary documents and information with respect to the case, the instant Cr.M.P. was prepared and iled before this Court, however, some delay occurred in iling the instant acquittal appeal, due to departmental procedure, which is bonaide and not intentional and therefore, the delay in iling the instant acquittal appeal deserves to be condoned.
Learned State counsel to justify his reasons also relied upon the judgment of the Supreme Court in the matter of “State of Haryana Vs. Chandra Mani & Others”, reported in (1966) 3 SCC 132.
On due consideration and for the reasons assigned therein and also looking to the judgment passed in the matter of “State of Haryana Vs. Chandra mani & Others(supra), I am inclined to allow the same.
Delay of 181 days in iling the appeal is hereby condoned.
Accordingly I.A. No. 01/2020 stands disposed of.
The present petition has been iled under Section 378(3) of the CrPC for grant of leave to appeal.
Petition being arguable is admitted for consideration.
Perused the impugned judgment and gone through the other material available on record.
On due consideration, the application is allowed and leave is granted. Registry is directed to register the present Cr.M.P.
as regular acquittal appeal.
Accordingly, the present CrMP stands disposed of.
After registration of regular appeal, let a bailable warrant for a sum of Rs. 5,000/- be issued against the respondent by registered mode through the concerned Superintendent of Police, for his appearance before this court on 25.09.2024
List this case on 25.09.2024