Single Bench of Hon'ble Shri Deepak Kumar Tiwari dismissed an application for condonation of delay and the subsequent appeal under Section 378(3) Cr.P.C. The Court held that a delay of 178 days was not condonable and the appeal lacked merit since the acquittal had cogent reasons.
Application for condonation of delay dismissed; Cr.M.P. dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No.307 of 2020
State Of Chhattisgarh Through Police Station Ajak, Ambikapur, District Surguja Chhattisgarh ---- Petitioner
Versus
----Respondents
For Petitioner/State:
Shri Gurudev I Sharan, G.A and Shri Shakti Singh Thakur, PL
Single Bench:Hon'ble Shri Deepak Kumar Tiwari J Order On Board
10.01.2022
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of departmental formalities and working of the Government machinery. It is stated further that the State Government is a multi functioning body, hence at times the fulfillment of departmental formalities takes unexpected long time, therefore, in some cases, the State is prevented from filing the case within the prescribed period of limitation, which is bona fide and not deliberate.
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proved by the prosecution.
Sd/-
(Deepak Kumar Tiwari) JUDGE
Priya
3 issues framed by the court
Whether the State can condone the delay exceeding 178 days in filing an appeal against acquittal.
Whether this Court should condone the delay given departmental formalities as sufficient cause.
Whether Cr.M.P. No.307 of 2020 lacks merit and deserves dismissal.
Colour shows how this judgement treated each authority
State of Haryana vs. Chandra ManiReferred¶19
State of Haryana vs. Chandra Mani reported in (1996) 3 SCC 132 · Who else cites this
3 provisions across 3 enactments
State Of Chhattisgarh Through Police Station Ajak, Ambikapur
Sitaram Yadav S/o Teju
Jaiman Yadav S/o Sitaram Yadav
Shrawan Kumar Yadav S/o Sitaram Yadav
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
