Dismissed

Ramjaan Kha v. State of Rajasthan

Rajasthan HC2 Sept 2023CRLAD/25/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Judicial Division, Jodhpur, dismissed a D.B. Criminal Appeal for being barred by limitation. The court rejected the prayer under Section 5 of the Limitation Act to condone a 1328-day delay, finding the appellant's reasons regarding illiteracy and the pandemic unsatisfactory.

What did the court decide?

The application for condonation of delay under Section 5 of the Limitation Act, 1963 is dismissed; the criminal appeal is dismissed on the ground of delay.

Ramjaan Kha Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JD:27706-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Appeal (Db) No. 25/2023

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Ramjaan Kha S/o Sultan Kha, Aged About 56 Years, B/c Sindhi Musalman R/o Talab Ki Dhani, Sindhipura Tehsil Pipar City District Jodhpur (Raj.) (Father of deceased)

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----Appellant

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Versus

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State of Rajasthan

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Ahmadeen @ Ahmadeen S/o Alladeen, B/c Sindhi Musalman R/o Sidhiyo Ki Dhani, Buchkala Marg, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Mehru Kha S/o Alladeen, B/c Sindhi Musalman R/o Sidhiyo Ki Dhani, Buchkala Marg, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Jabbar Kha S/o Naseer Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

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Hakim Kha S/o Alladeen, B/c Sindhi Musalman R/o Sidhiyo Ki Dhani, Buchkala Marg, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Allanoor S/o Jamal Kha, B/c Sindhi Musalman R/o Boyal Ki Dhani, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Jamal Kha S/o Ushman Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Ibrahimm Kha S/o Ushman Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Sattarr Kha S/o Gaffur Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Naseer Khan S/o Sattar Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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Subhan Kha S/o Haji Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

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(2 of 3)

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[2023:RJ-JD:27706-DB]

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[CRLAD-25/2023]

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Naseer Kha S/o Gafur Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

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Allanoorr S/o Somu Kha, B/c Sindhi Musalman R/o Buchkala Marg Ki Dhani, Boyal (Raiyanagar) Police Station Bilara, District Jodhpur (Raj.)

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Jamal Kha @ Jamaludeen S/o Ramjan Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

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Shalu Kha S/o Bhike Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

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Farukh Kha S/o Taju Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

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----Respondents

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For Appellant(s) : Mr. Surya Deep For Respondent(s) : Mr. B.R. Bishnoi, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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02/09/2023

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The present appeal is barred by 1328 days.

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The application (IA No.1/2023) under Section 5 of the Limitation Act has been filed on behalf of the appellant with a prayer for condoning 1328 days delay in filing the present appeal.

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It is stated in the application (IA N.1/2023) under Section 5 of the Limitation Act that the impugned judgment was passed on 20.02.2019, however, as the appellant is illiterate and poor person, he failed to prefer an appeal against the impugned judgment due to lack of knowledge. It is further stated that

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[CRLAD-25/2023]

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[2023:RJ-JD:27706-DB]

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(3 of 3)

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though, the appellant wanted to file an appeal against the impugned judgment but due to Covid-19 situation in whole world, he failed to file the appeal within limitation.

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It is to be noticed that the impugned judgment was passed on 20.02.2019, whereas the spread of Covid-19 pandemic in the country was around February and March 2020.

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The appellant has failed to furnish any satisfy reason for not filing the present appeal against the impugned judgment dated 20.02.2019 till February and March 2020.

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As the reasons mentioned in the application (IA No.1/2023) for condoning 1328 days delay in filing the present appeal are not satisfactory, we are not inclined to condone the delay in filing the present appeal.

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Hence, the application (IA No.1/2023) under Section 5 of the Limitation Act is hereby dismissed.

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Resultantly, the present appeal is also dismissed on the ground of delay.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.38

Ramjaan Kha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramjaan Kha v. State of Rajasthan

Case brief

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What did the court decide?

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