Dismissed

Nilesh Choudhary S/O Shri Babu Lal B/C Jat v. State of Rajasthan

Rajasthan HC3 Dec 2021CRLAS/1917/2019

Case brief

AI extract

What is this about?

The High Court dismissed an S.L.A. application seeking condonation of a 268-day delay in filing a criminal appeal. The Court held that ignorance of law is no excuse for inordinate delay and found no sufficient grounds to condone the delay.

What did the court decide?

Application for condonation of delay dismissed; consequentially, the criminal appeal dismissed.

Nilesh Choudhary S/O Shri Babu Lal B/C Jat… — Civil Procedure and Limitation | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Appeal No. 1917/2019

¶3

Nilesh Choudhary S/o Shri Babu Lal, Aged About 36 Years, R/o Jalodi, Police Station Taleda, Distt. Bundi (Raj.)

¶4

----Complainant-Appellant

¶5

Versus

¶6

State Of Rajasthan, Through P.P.

¶7

Narendra S/o Shri Bhanwar Lal, R/o Jalodi, Police Station Taleda, Distt. Bundi (Raj.)

¶8

Shankar S/o Shri Ramesh R/o Jamitpura, Police Station Taleda, Distt. Bundi Raj.

¶9

Murli S/o Shri Hemraj R/o Jamitpura, Police Station Taleda, Distt. Bundi Raj.

¶10

Jugal S/o Shri Hemraj R/o Jamitpura, Police Station Taleda, Distt. Bundi Raj.

¶11

Govind S/o Shri Mohan R/o Ramnagar Jatan, Police Station Sadar, Distt. Bundi Raj.

¶12

----Respondents

¶13

For Appellant(s) : Mr. Govind Prasad Rawat, Advocate For Respondent(s) : Mr. Ganesh Saini, PP

¶14

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶15

Order

¶16

03/12/2021

¶17

Application bearing No. 573/2019 has been filed under Section 5 of the Limitation Act seeking condonation of delay of 268 days in filing criminal appeal.

¶18

Heard. Considered.

¶19

Application under Section 5 of the Limitation Act is reproduced as under:

¶20

(2 of 3) [CRLAS-1917/2019]

¶21

"1.That the appellant has filed the above titled appeal before this Hon'ble Court against the judgment dated 07.09.2018 passed by learned Special Judge, SC/ST (POA) Cases Bundi in Sessions Case No.204/2017, CIS No.204/2017.

¶22

That the appeal shall be filed within the period of 90 days, but in this appeal period of 90 days has been expired and this appeal is time bar.

¶23

That due to poor condition complainant not engaged any counsel to argue his matter before learned Court below. Therefore, he remained unaware about the judgment passed on 07.09.2018. He was also unaware about the period of limitation of filing of appeal.

¶24

That when the complainant made contact with Public Prosecutor then he informed about the judgment passed by Court below. After that he obtained copy of judgment and requested to counsel at High Court to file the appeal, who immediately got dictated typed the appeal and the same is being filed now.

¶25

That in these circumstances the complainant could not file the appeal within limitation for which he is bonafide and the delay is also bonafide.

¶26

It is, therefore, most humbly prayed that your lordship may graciously be pleased to allow the application and the delay in filing the appeal be condoned.

¶27

Any other order or direction which the Hon'ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of the appellant."

¶28

From a perusal of the averments made in the application, it is evident that no sufficient reason has been given

¶29

(3 of 3)

¶30

[CRLAS-1917/2019]

¶31

for condoning the delay in filing the criminal appeal. Ignorance of law is no excuse to condone the inordinate delay of 268 days.

¶32

For the aforesaid reasons, I find no ground to allow the application under Section 5 of the Limitation Act and the same being bereft of any merit, is liable to be dismissed, which stands dismissed accordingly.

¶33

Consequent upon the dismissal of the application under Section 5 of the Limitation Act, the criminal appeal also stands dismissed.

¶34

(PRAKASH GUPTA),J

¶35

Mohit/RKS/20

Nilesh Choudhary S/O Shri Babu Lal B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nilesh Choudhary S/O Shri Babu Lal B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramsingh Yadav S/O Shri Deburam Yadav Vs State of Rajasthan

Mohan Lal S/Ramlal Vs State of Rajasthan

Fauji @ Salman S/O Sh. Kamruddin Khan Vs State of Rajasthan

Madanlal @ Sonu Son of Shri Kundanlal Vs State of Rajasthan

Vinod Bhandari Vs Central Bureau of Investigation

Khandelwal Buildcon Pvt. Ltd. Vs Deputy Director, Directorate of Enforecement