State of Hp Vs Thakur Dass

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State of H.P. vs. Thakur Dass

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Cr. MP(M) No. 848 of 2025 Reserved on: 24.06.2025

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01.07.2025 Present : Mr. Ajit Sharma, Deputy Advocate General, for the applicant/appellant.

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None for the respondent.

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Cr. MP No. 848 of 2025

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The present application has been filed for condonation of delay in filing the appeal. The notice was served upon the respondent returnable for 24.06.2024, but none appeared on behalf of the respondent; hence, the petition is to be decided in the absence of the respondent. Heard.

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As per the report of the Registry, the present application was filed after a lapse of 60 days. It was laid down by Hon’ble Supreme Court in Rajasthan v. Ramdeen, (1977) 2 SCC 630: 1977 SCC (Cri) 393: 1977 SCC OnLine SC 116 that a period of 90 days is available to the State to file an appeal against the acquittal and it is permissible for the State to file a composite petition containing the appeal as well as the grounds seeking leave to the appeal. It was observed at page 633:

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9. Besides, under Article 114 of the Limitation Act, in an appeal from an order of acquittal by the State, the period of limitation is ninety days from the date of the order appealed from; whereas in an appeal from an order of acquittal, in any case instituted

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upon complaint, the period is thirty days from the date of the grant of special leave. Thus, there is a clear distinction between the two types of appeals with regard to terminus a quo under Article 114. It is, therefore, not necessary to wait until the grant of leave by the High Court to present a memorandum of appeal against acquittal at the instance of the State. Thus, an appeal can be filed by the State within ninety days from the date of the order of acquittal, and a prayer may be included in that appeal for entertaining the appeal under subsection (3) of Section 378 CrPC. If the leave sought for is not granted by the High Court, the appeal is not entertained and stands dismissed.” A similar view was taken by the Bombay High

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Court in State of Maharashtra v. Vishwanath Sadhuji Fating , 1986 SCC OnLine Bom 154: 1986 Mah LJ 703, wherein it was observed at page 706:

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8. It is pertinent to notice that the starting point of limitation of 90 days for filing an appeal under Article 114(a) is the date of the order appealed against and starting point of limitation of 30 days to file an appeal in cases governed by Article 114 sub-article (b) is the date of grant of special leave.

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Andhra Pradesh High Court also held in State of Andhra Pradesh High Court also held in State of Andhra Pradesh v. Syed Mohamood Saeed, 2014 SCC OnLine AP 1521, that an application for special leave to appeal can be filed within 90 days from the date of the judgment. It was observed:

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11. So, a perusal of Article 114 of the Limitation Act, with reference to Section 417 of Cr.P.C., 1898, gives an understanding that the time limitation for a State/Central Government to prefer an appeal

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before the High Court against the order of acquittal is 90 days. With the amendment of Cr.P.C. in 1973, Section 378 replaced Section 417 of the old Code. A comparison of Section 378 with the old Section 417 shows that whilst under the old section, the State or Central Government need not obtain leave of the High Court for f i ling an appeal, now by virtue of Section 378(3) Cr.P.C., such a leave has to be obtained by them. This is one of the main dif f erences. Again, under Section 417(4) of old Code, in case of an appeal against acquittal passed in complaint cases, the time for applying leave is 60 days whereas under Section 378(5) Cr.P.C. time for applying leave in case the complainant is a public servant is six months and in other cases 60 days. This is another dif f erence between the two sections. Be that as it may, Article 114 was not amended with the amendment of Cr.P.C. in 1973. Therefore, Article 114(a) shall be studied in conjunction with Section 378 Cr.P.C. It tells us that Article 114 mutatis mutandis applies to Section 378 Cr.P.C. Therefore, as rightly submitted by learned Counsel for respondent/A.O., the State/Central Government has to fle an appeal within 90 days from the date of i judgment.

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Thus, the application is within a period of limitation specified by the Hon’ble Supreme Court; hence, the application is dismissed as infructuous.

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Cr.MP(M) No. 847 of 2024

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Issue notice to the non-applicant/respondent returnable within four weeks on taking steps within one week.

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(Rakesh Kainthla) Judge

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1^st July, 2025 ( Saurav pathania )

State of Hp v. Thakur Dass

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State of Hp v. Thakur Dass

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