Himachal Pradesh High Court
Pritam Singh vs . Surinder Kaur on 19 April, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Pritam Singh Vs. Surinder Kaur .
Cr.MP(M) No. 2852/2022 19.04.2023 Present: Mr. N.K. Thakur, Sr. Advocate with Mr. Karanveer Singh, Advocate, for the petitioner. Mr. Jai Ram Sharma, Advocate, for the respondent. Cr.MP(M) No. 2852/2022 This application under Section 5 read with Section 14 of the Limitation Act has been moved for condoning the delay in filing the appeal. The judgment was passed by the learned Trial Court on 06.02.2020. The decision was assailed by the applicant/appellant before the Court of Additional Sessions Judge-II,Una, District Una by filing an appeal on 09.07.2020. Learned Trial Court vide its decision dated 11.05.2022 held the appeal to be not maintainable and the same was accordingly dismissed. In the aforesaid circumstances, the applicant/appellant has preferred instant appeal on 24.09.2022, assailing the order passed by the learned Trial Court on 06.02.2020. In the said process, the appeal has become time barred by 195 days. Hence, prayer has been made for condoning the delay in instituting the appeal.
2. Reply to the application has been filed by the non-applicant-respondent. The contention has been raised that the ignorance of law is no excuse. That the applicant/appellant had not been given liberty by the Court of learned Additional Sessions Judge to approach the Court, rather the appeal filed by the applicant/appellant was ::: Downloaded on - 19/04/2023 20:51:36 :::CIS dismissed by the learned Additional Sessions Judge under order dated 11.5.2022.
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3. Having heard learned counsel for the parties, I am of view that in the interest of justice, the delay as occurred in filing the appeal is liable to be condoned. The judgment passed by the learned Trial Court on 06.02.2020 dismissing the complaint preferred by the applicant/appellant was assailed by him before the learned Additional Sessions Judge-II Una, District Una. The order was assailed by filing an appeal invoking Section 372 Cr.PC. Learned Appellate Court vide its judgment dated 11.05.2022 held that such an appeal was not maintainable and for that reason, it was dismissed. The dismissal of the appeal on the count of it being not maintainable in the Court of learned Additional Sessions Judge, cannot take away the right of the applicant/appellant to take recourse to appropriate procedure for assailing the judgment passed by the learned Trial Court on 06.02.2020 dismissing his complaint.
4. In view of the pendency of the applicant's appeal before the wrong forum, the delay has occurred in instituting the present appeal, therefore, in the interest of justice, the delay in filing the appeal is condoned. Ordered accordingly. The application to stand disposed of. ::: Downloaded on - 19/04/2023 20:51:36 :::CIS
Cr.MP No. _____/2023 Be registered.
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The application is disposed of with a direction to the applicant/appellant to file certified copy of the judgment in question within a period of three weeks.
Cr. Appeal No._______/2023 Be registered.
List for consideration on 10.05.2023.
Jyotsna Rewal Dua Judge 19th April, 2023(Rohit) ::: Downloaded on - 19/04/2023 20:51:36 :::CIS