The court allowed condonation of delay for the petitioner's criminal appeal. Petitioner's delay was attributed to circumstances beyond control, rendering it neither intentional nor deliberate. Leave to appeal was granted and the criminal appeal registered.
Condonation of delay permitted; Leave to appeal granted; Criminal appeal admitted and registered.
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Madhu Sudan Vs. Mithun Singh
Cr.MP(M) No.1019 of 2024
02.07.2024 Present: Mr. Abhimanyu Thakur, Advocate, for the petitioner. Mr. Ashok Kumar Verma, Advocate, for the respondent.
Cr.MP(M) No.1019 of 2024
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of applicant/petitioner for condonation of delay in maintaining the accompanying appeal, which is barred by limitation.
Mr. Ashok Kumar Verma, Advocate, has filed memo of appearance on behalf of respondent. He fairly states that he does not intend to file reply and shall have no objection, in case prayer made in the aforesaid application is allowed.
Having perused averments contained in the application, which is duly supported by affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying criminal appeal is neither intentional nor deliberate, rather same has occurred on account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay in filing the criminal appeal, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of.
Cr.MP(M) No._______/2024 [CRMPST/3248/2024]
Leave to appeal granted. Application stands
disposed of.
Cr. Appeal No.________ of 2024
Appeal be registered.
Admit.
Mr. Ashok Kumar Verma, Advocate, appears and
waive post admission notice on behalf of respondent. He prays
for and is granted two weeks’ time to file power of attorney.
Record of Court below be called for.
July 02, 2024 (Sandeep Sharma), Rajeev Raturi Judge
1 issue framed by the court
Whether condonation of delay is warranted for an untimely filed criminal appeal.
Madhu Sudan
Mithun Singh
Sandeep Sharma
Rajeev Raturi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
