The High Court of Punjab and Haryana dismissed an application for special leave to appeal under S. 378(4) Cr.P.C. against an acquittal. The court held the appeal was barred by limitation with no sufficient justification for condoning the 29-day delay. The impugned judgment was deemed well-reasoned.
Application for special leave to appeal is dismissed.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. A-2029-MA of 2015 DATE OF DECISION :- November 02, 2017
Hakumat Rai
...Applicant
Versus
Avinash Kumar
...Respondent
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- Mr. Arun Takhi, Advocate for the applicant.
This is an application under Section 378 (4) Cr.P.C. for grant of special leave to appeal against the judgment of acquittal dated 3.9.2015 recorded by Judicial Magistrate Ist Class, Hoshiarpur. The appeal has not been filed within period of limitation. There is a delay of 29 days in doing so. Though application under Section 5 of the Limitation Act for condonation of delay has been filed, but I do not see any justifiable reason for condonation of delay. I have gone through the impugned judgment. The same is well reasoned one based upon proper appreciation of evidence and correct interpretation of law.
Thus, no ground to grant special leave to appeal against the said judgment is made out. The application stands dismissed accordingly.
(H.S. MADAAN) JUDGE
November 02, 2017
p.singh
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Parvinder Singh 2017.11.06 10:30 I attest to the accuracy and integrity of this document Chandigarh
3 issues framed by the court
Whether special leave to appeal against a judgment of acquittal is maintainable when filed beyond the period of limitation.
Whether condonation of delay is justified given the lack of justifiable reasons provided.
Whether the High Court should exercise discretion to grant special leave despite the delay and lack of merit.
2 provisions across 2 enactments
Hakumat Rai
Avinash Kumar
H.S. MADAAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
