The court allowed leave to file an appeal against an acquittal despite the expiry of the limitation period, relying on a Supreme Court order extending limitation due to the COVID-19 pandemic. Bailable warrants were issued against the respondent.
Leave to file appeal granted; appeal registered; bailable warrants issued against respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cr.M.P.(M) No.1545 of 2020
09.09.2020 Present:
Cr.M.P.(M) No. 1545 of 2020
This application has been filed for leave to file appeal against the judgment of acquittal dated 31.01.2020, passed by learned Judicial Magistrate, 1st Class, Court No.7, Shimla, H.P., whereby case filed by the applicant-appellant under Section 325 of the Indian Penal Code, has been dismissed. Limitation period to file appeal was to expire after 15.03.2020, but the application-appeal could not be filed in the said period.
However, in view of order dated 23.03.2020 passed by Supreme Court of India in suo motu Writ Petition (Civil) No.3 of 2020, it has been ordered that a period of limitation in all proceedings, irrespective of limitation prescribed under the general law or Special Laws whether condonable or not, shall stand extended w.e.f. 15.03.2020 till further orders, on account of COVID-19 pandemic, to be passed by the Supreme Court, present appeal is within limitation.
In view of above, application is allowed and leave to appeal is granted. Appeal be registered.
Application stands disposed of.
Cr.Appeal No. of 2020(CR.AST/2902/20
Bailable warrants in the sum of `25,000/- with one surety in the like amount to the satisfaction of the Arresting Police Officer be issued against the respondent, returnable for 13.11.2020 undertaking to appear in this Court as and when directed and to receive any sentence which may be imposed on the conclusion of the appeal.
Records be also requisitioned.
Cr.M.P.(M) No.1546 of 2020
Learned Additional Advocate General submits that
this application was filed by way of abandon caution and in view of order passed in Cr.M.P.(M) No.1545 of 2020, she does not press the same. Dismissed accordingly.
(Vivek Singh Thakur) Judge
September 9, 2020 (Purohit)
3 issues framed by the court
Whether the period of limitation for filing an appeal against a judgment of acquittal had expired.
Whether leave to file the appeal could be granted despite the expiry of the limitation period due to the COVID-19 pandemic.
Whether the application in Cr.M.P.(M) No.1546 of 2020, filed as a safeguard, requires disposal pending the main application.
Colour shows how this judgement treated each authority
Supreme Court of IndiaRelied on¶6
suo motu Writ Petition (Civil) No.3 of 2020
Applicant/Appellant
Respondent/Defendant
Vivek Singh Thakur
Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
