Single judge order condoning delay of 171 days for filing an Acquittal Appeal in State vs. Meenu Sharma and granting leave to file the appeal based on Supreme Court guidelines.
Delay of 171 days condoned; leave granted to file Acquittal Appeal.
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Serial No. 40
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Crl LP (S) No. 5/2022 CrlM No. 472/2022
UT of J&K
…Appellant(s)/Petitioner(s)
Through:- Mr. Amit Gupta, AAG
v/s
Meenu Sharma
…Respondent(s)
Through:-
Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
CrlM No. 472/2022
Through the medium of the instant application, the applicant/appellant is seeking condonation of delay of 171 days in filing the Acquittal Appeal against the judgment dated 02.08.2021 passed by the Court of learned Sub-Judge, Special Mobile Magistrate, Jammu in case titled as,
“ State vs. Meenu Sharma” .
For the reasons detailed out in the application and in the light of the order passed by the Hon’ble Apex Court in “ IN RE COGNIZANCE FOR EXTENSION OF LIMITATION” dated 10.01.2022, delay occasioned in filing the Acquittal Appeal is, accordingly, condoned.
Application is allowed and disposed of.
Crl LP (S) No. 5/2022
For the reasons stated in the application, a ground for grant of leave to file the appeal is made out. Accordingly, the application is allowed and leave is granted to file the appeal.
The application is disposed of.
Registry to diarize and register the appeal and list the same after
two weeks.
(JAVED IQBAL WANI) JUDGE
Jammu 01.04.2022 SUNIL-I
2 issues framed by the court
Whether to condone a delay of 171 days in filing an Acquittal Appeal.
Whether to grant leave to file an Acquittal Appeal.
Colour shows how this judgement treated each authority
IN RE COGNIZANCE FOR EXTENSION OF LIMITATIONExplained¶16
IN RE COGNIZANCE FOR EXTENSION OF LIMITATION
UT of J&K
Meenu Sharma
JAVED IQBAL WANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
