The applicant approached the court to condone a 22-day delay in filing a criminal appeal due to a mistaken belief regarding the limitation period's commencement. The court examined the explanation and findings of the trial court.
The delay of 22 days in filing the appeal is condoned and the application is disposed of.
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Cr. MP(M) No. 340 of 2017
28.08.2017
Present: Mr. Tek Chand, Advocate, vice Mr. Sanjeev K. Suri, Advocate, for the applicant.
None for the non-applicant/respondent, though served.
Cr. MP(M) No. 340 of 2017
The present application is maintained by the applicant, under Section 5 of the Limitation Act, for condoning the delay of 22 days, in filing the appeal. As per the applicant, on 16.01.2017, when he approached his counsel (before the learned trial Court), he came to know about the dismissal of his complaint, the counsel advised him to file criminal appeal before this Court and also apprised him about the winter vacation till 26.02.2017. The applicant being rustic villager was not aware about the limitation and he remained under impression that the limitation will start after opening of the Court, hence approached his counsel on 13.03.2017 for filing the appeal, however on the said date his brief was not complete and the counsel advised him to bring complete brief, accordingly on 15.03.2017, the applicant came with complete documents and immediately thereafter the appeal was prepared and filed without any further delay. Heard. Taking into consideration the fact that the applicant remained under impression that the limitation will start after opening of the Court, thus he could not file appeal
within limitation. Accordingly, for the reasons given in the application and as stated hereinabove, this Court finds that the delay has sufficiently been explained and it was not within the control of the applicant. So, the delay of 22 days, in filing the appeal, is condoned. The application stands disposed of.
Cr. MP(M) No. 341 of 2017
Issue notice to the non-applicant/respondent returnable within four weeks, on taking within a week. List thereafter.
(Chander Bhusan Barowalia) Judge
28th August, 2017 (raman)
1 issue framed by the court
Whether the delay of 22 days in filing the criminal appeal was sufficiently explained by the applicant to condone under section 5 of the Limitation Act.
1 provisions across 1 enactments
Applicant
Respondent
Chander Bhusan Barowalia
As recorded by the court registry
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