Disposed

State of Chhattisgarh v. Anand Kishore Behra

Chhattisgarh HC21 Aug 2024CRMP/1834/2024

Case brief

AI extract

What is this about?

The State sought condonation of a 128-day delay and leave to appeal against an acquittal by the Special Judge. Relying on State of Haryana v. Chandra Mani, the court condoned the delay, admitted the petition as arguable, granted leave, directed registration as a regular acquittal appeal, and issued bailable warrants for the respondents' appearance.

What did the court decide?

Delay condoned, IA No. 01/2024 allowed, leave to appeal granted, CrMP to be registered as regular acquittal appeal; bailable warrants issued against respondents.

State of Chhattisgarh Vs Anand Kishore Behra — Criminal Trial and Appeal | Chhattisgarh HC (2024)

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2024:CGHC:31919 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 1834 of 2024

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State Of Chhattisgarh Through Its Station House Officer, Police Station Mahasamund, District Mahasamund, Chhattisgarh

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... Petitioner versus Anand Kishore Behra S/o Kunjbihari Behra Aged About 49 Years R/o Kukrahad, Police Station Kantabanji, District : Balangir, Orissa

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Jhasketan S/o Parshuram Behra Aged About 42 Years R/o Jharni (Nayapara), Police Station Turekela, District : Balangir, Orissa

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... Respondents

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------------------------------------------------------------------------------------------------------------- For State : Mr. Ajit Singh, Government Advocate

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Hon'ble Shri Arvind Kumar Verma, Judge

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Order on Board

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22.08.2024

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Heard on admission as well as on IA No. 01/2024, an application for condonation of delay occurred in filing of the instant appeal.

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Learned counsel for the State submitted that the impugned order was passed on 23.11.2023 by the Learned Special Judge and thereafter the law Department, Govt. of Chhattisgarh, Nawa Raipur Atal Nagar, vide its memo dated 21.05.2024 sent a proposal to the office of the Advocate General to file a acquittal against the impugned judgment and order dated 23.11.2023 passed by Learned Special

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Judge, thereafter the case was placed before the learned Advocate General on 03.06.2024 and the case was marked to the Govt. Advocate for drafting acquittal appeal against the impugned judgment and order dated 23.11.2023 passed by Learned Special Judge. As per the above said proposal this office initiated proceeding and certified copy of the impugned order and other relevant exhibited documents have been received from the concerned department and thereafter the instant acquittal appeal was prepared and filed before the Hon’ble court. After obtaining necessary documents and information with respect to the case the instant acquittal appeal was prepared and filed before this Court, however, some delay was occurred due to fulfillment of various departmental formalities and working fo the govt. machinery. Therefore, in some cases the State is prevented from filing the case within the prescribed period of limitation, which is bonafide and not deliberate. The instant appeal is therefore, being filed after a delay of almost 128 days from the prescribed period of limitation.

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Learned counsel for the State in order to satisfy his contention has relied upon the judgment passed in the matter of “State of Haryana Vs. Chandra Mani & Others”, reported in 1996 3 SCC 132 in para no. 11 of the Hon’ble Supreme court .

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On due consideration and for the reasons assigned therein, I am inclined to allow the application for condonation of delay occurred in filing of the instant appeal.

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Delay in filing of the instant appeal is hereby condoned.

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Accordingly, IA NO. 01/2024 is allowed and is disposed of.

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The present petition has been filed under Section 378(3) of the CrPC for grant of leave to appeal.

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Petition being arguable is admitted for consideration.

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Perused the impugned judgment and gone through the other material available on record.

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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.

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Accordingly, the present CrMP stands disposed of.

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After registration of regular appeal, let a bailable warrant for a sum of Rs. 5,000/- be issued against the respondents by registered mode through the concerned Superintendent of Police, for their appearance before this court on 30.09.2024

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List this case on 30.09.2024.

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sd/-

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(Arvind Kumar Verma) Judge

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alfiza

State of Chhattisgarh v. Anand Kishore Behra

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Anand Kishore Behra

Case brief

What is this about?

What did the court decide?

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