Patna High Court - Orders
The State Of Bihar Through Tarni Prasad ... vs Krishna Kant Lal Das on 5 March, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Govt. Appeal (SJ) No.9 of 2017
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The State of Bihar through Tarni Prasad Yadav, Son of Late
D.P. Yadav, Resident of Plot No.1, Ved Nagar, Rukanpura,
P.S.- Rupaspur, District- Patna at present posted as Deputy
Superintendent of Police, Vigilance Investigation Bureau,
Patna.
.... .... Appellant/s
Versus
1. Krishna Kant Lal Das, Son of Late Sadanand Lal Das,
Resident of Village- Sherpur, P.S.- Manigachi, District-
Darbhanga.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ramakant Sharma, Sr. Adv.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
9 05-03-2018Reg. I.A. No. 2068 of 2017:
This is an application seeking condonation of delay of 300 days in preferring the present Govt. Appeal.
Mr. Ramakant Sharma, learned Senior Advocate appearing for the appellant/petitioner, has submitted that as against the judgment and order of acquittal dated 29.09.2016, passed in Special Case No. 6 of 2006, arising Patna High Court G. APP. (SJ) No.9 of 2017 (9) dt.05-03-2018 2/3 out of Vigilance P.S. Case No. 6 of 2006, for the offences punishable under Section 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, the certified copy of the judgment was applied for on 20.10.2016, which was delivered on 09.11.2016.
Thereafter, it has been submitted that the file went of the Vigilance Bureau for approval/opinion and it was returned only on 16.06.2017, whereafter the memo of Appeal was filed on 26.07.2017.
No good ground has been shown to this Court for condoning such delay.
Times without number, this Court as well as the Apex Court have held that the State/Government is to be treated at par with the common litigants and any dereliction of duty on the part of the State/Government cannot be lightly condoned. No explanation has been given for the delay in giving opinion by the Vigilance Department, where the file was lying for about 8 months.
After the approval also, there has been an unexplained delay of about one and half months in preferring the present memo of Appeal.
No good ground having been shown for condoning the delay, the prayer for condonation is rejected.
Reg. Govt. Appeal (SJ) No. 9 of 2017:
Patna High Court G. APP. (SJ) No.9 of 2017 (9) dt.05-03-20183/3
Consequently, the Govt. Appeal also stands dismissed.
(Ashutosh Kumar, J) Praveen-II/-
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