Allowed

Anup Chand v. State of Hp

Himachal Pradesh HC10 Mar 2023CRMPM/100/2023

Case brief

AI extract

What is this about?

The High Court allowed the application to condone the 117-day delay in filing the criminal appeal, citing a liberal approach under Section 5 of the Limitation Act. It admitted the appeal, requisitioned the record, stayed the impugned order of the Special Judge, and registered the main appeal.

What did the court decide?

Delay condoned; appeal admitted; record requisitioned; impugned order stayed; applications registered and disposed of.

Anup Chand Vs State of Hp — Criminal Trial and Appeal | Himachal Pradesh HC (2023)

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Anup Chand vs. State of H.P.

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Cr.M.P(M) No. 100 of 2023

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10.03.2023

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Present: Mr. G.R. Palsra, Advocate for the petitioner.

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Mr. J.S. Guleria, Deputy Advocate General for the respondent.

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Applicant, aggrieved from the order dated

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14.09.2022 passed by the learned Special Judge, Mandi, has preferred the appeal, under Section 449 Cr.P.C.

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Since the appeal has been filed after the prescribed period of limitation, as such, the present application for condoning the delay has been moved.

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As per the applicant, there is delay of 117 days in filing the appeal. The delay has been stated to be not intentional, but due to the reasons, as stated in para 2 of the application.

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Application is duly supported by the affidavit of the applicant.

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On notice, the application has been contested by the respondent-State, denying the factual position, as mentioned in the application.

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However, considering the factual position, as mentioned in para 2 of the application, and the fact that the applicant is not going to achieve anything by filing the appeal, after the prescribed period of

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limitation, had he not been prevented to do so, as per his explanation, there is justifiable cause to condone the delay.

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Moreover, it is no longer res-integra that while deciding the application under Section 5 of the Limitation Act, a liberal approach has to be adopted by the Courts.

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Considering all these facts, the application is allowed and the delay in filing the appeal is ordered to be condoned. The application stands disposed of.

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Cr. Appeal No. of 2023

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Be registered.

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Certain arguable points are involved in

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the present appeal, as such, the same is admitted .

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Let record of Court below be

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requisitioned.

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Cr.M.P No. of 2023

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Be registered.

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Since the main appeal has been admitted

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for hearing, which is likely to take some time for its disposal, as such, the application is considered and allowed and till the final disposal of the main appeal, the order dated 14.09.2022 passed by the learned Special Judge, Mandi, District Mandi, H.P. in Cr.M.A.

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No. 198 of 2022 titled as State of Himachal Pradesh

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vs. Anup Chand, is ordered to be stayed.

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March 10, 2023 ( Virender Singh ) (naveen) Judge

Anup Chand v. State of Hp

Case brief

What is this about?

What did the court decide?

Anup Chand v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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