The High Court of Rajasthan allowed the appellant's application under Section 5 of the Limitation Act to condone the delay of 100 days. The court granted leave to appeal, treated the memo as an appeal, and directed registration.
Application under Section 5 of Limitation Act allowed; leave to appeal granted; memo treated as appeal and registered.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Crml Leave To Appeal No. 40/2020
Chanchal Soni
----Appellant
Versus
Prakash
----Respondent
For Appellant(s) : Mr. Shreyash Ramdev For Respondent(s) : Mr. Laxman Solanki, P.P. None present for the respondent
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/12/2022
None present for the respondent despite service.
Heard on application under Section 5 of the Limitation Act.
This leave to appeal is reported to time barred by 100 days. The reasons have been assigned in the application by which the appellant was prevented to file leave to appeal within stipulated period.
Thus, the application is allowed. The criminal leave to appeal be treated within limitation.
Having heard learned counsel and perusing the record, this Court is of the opinion that there are valid and substantial grounds for grant of leave to appeal to the appellant for filing an appeal against the judgment of acquittal of the respondent.
Accordingly, the application for grant of leave to appeal is accepted. The memo of leave to appeal be treated as appeal and it be registered as such and list thereafter.
(FARJAND ALI),J
104-RP/-
2 issues framed by the court
Whether the leave to appeal is time barred and if valid grounds exist to condone the delay.
Whether there are valid and substantial grounds to grant leave to appeal against the judgment of acquittal.
1 provisions across 1 enactments
Chanchal Soni
Prakash
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
