State Of Karnataka vs Devendrappa Marthandappa Kalal on 27 September, 2013

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Karnataka High Court

State Of Karnataka vs Devendrappa Marthandappa Kalal on 27 September, 2013

Bench: Anand Byrareddy

                                  1




            IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

       DATED THIS THE 27TH DAY OF SEPTEMBER, 2013

                             BEFORE

  THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

                CRIMINAL APPEAL No.2709/2013

BETWEEN:

State of Karnataka,
Through Belgaum Inspector, R.P.F.,
SW Railway, represented by
Additional State Public Prosecutor,
High Court Circuit Bench, Dharwad.
                                                   ...APPELLANT
(By Shri.V.M.Banakar, Additional State Public Prosecutor)

AND:

Devendrappa Marthandappa Kalal,
Age: 48 years, occ:
R/o Hubli, Kaladagi Oni.
                                                  ...RESPONDENT

      This Criminal Appeal is filed under Section 378(1) of the Code
of Criminal Procedure, 1973, seeking to grant leave to appeal against
the judgment and order of acquittal dated 29.07.2009 passed by the
Principal JMFC, Dandeli in C.C.No.109/2005 and set aside the
judgment and order of acquittal by allowing this appeal and convict
and sentence the respondents/accused for the offences for which they
have been charged.
                                   2




      This Criminal appeal coming on for admission this day, the
Court delivered the following:

                            JUDGMENT

There is a delay of 1553 days. The application seeking condonation of delay is supported by an affidavit of the Sub Inspector of the Railway Protection Force, Castle Rock, South Western Railway, Hubli. The case in S.C.No.109/2005 was disposed of on 29.07.2009, acquitting the accused therein. It is against that judgment that the appeal is sought to be filed. The delay is sought to be explained in contending that the Public Prosecutor had furnished his legal opinion to the Home Department of the State and a Government order was issued on 25.03.2010 approving the filing of an appeal. The copy of the Government order, the letter of the Inspector of the Railway Protection Force and the relevant record was sent to the office of the Advocate General on 29.04.2013, to file the appeal, which was then placed before the Government Pleader. After receipt of the information, a draft was prepared and ultimately the appeal was filed on 11.07.2013.

2. It is these bald statements which are made, to seek condonation of delay. The delay is inexplicable and unexplained. There was no reason for the department and the concerned to sit on the file for almost five years in preparing this appeal. The reasons assigned are not acceptable. The application is rejected.

Consequently, the appeal fails and is dismissed.

SD/-

JUDGE MBS/

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