Himachal Pradesh High Court
State Of H.P. vs . Arvind Kumar on 13 March, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
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State of H.P. vs. Arvind Kumar Cr.MPM No.2028 of 2021 13.03.2023 Present: Mr. B.C. Verma, Additional Advocate General and Mr. R.P. Singh, Deputy Advocate General, for the appellant-State.
Mr.Goldy Kumar, Advocate, for the respondent.
Cr.MP(M) No.2029 of 2021 This order shall dispose of an application under Section 5 of the Limitation Act for condoning the delay in filing the appeal.
As per applicant, the impugned judgment was passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, District Kangra, H.P. on 20.01.2021, but the certified copy of the same was applied on 06.02.2021, attested on 10.02.2021 and delivered on 11.02.2021. On receipt of the certified copy, the case was examined by the concerned Public Prosecutor, Kangra. Thereafter, the case was sent by the District Magistrate, Kangra to the Additional Chief Secretary (Home) to the Government of Himachal Pradesh for taking final decision, which was received in the Department on 08.04.2021. After that, it was referred to the Law Department for seeking their opinion on 12.04.2021 and received back with advice on 19.04.2021. Thereafter, the case was submitted to the competent authority on 22.04.2021 for taking decision.
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After the examination by the competent authority on 27.04.2021, it was decided to file the appeal and ultimately, the appeal was filed on 03.06.2021 and as such, there is total delay of 131 days in filing the same.
No reply is intended to be filed.
Heard. The Hon'ble Supreme Court of India in Cognizance for Extension of Limitation with Miscellaneous Application No. 29 of 2022 in Miscellaneous Application No. 665 of 2021 in Suo Motu Writ Petition © No. 3 of 2020, held as under:-
"IV. It is further clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23(4) and29A of the Arbitration and Conciliation Act, 1996, Section12A of the Commercial Courts Act, 2015 and provisos(b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings,outer limits (within which the court or tribunal can condone delay) and termination of proceedings."
In view of the aforesaid order passed by Hon'ble Supreme Court of India, the present application is allowed and delay of 131 days in filing the appeal is hereby condoned.
Application stands disposed of.
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Cr.MPM No.2028 of 2021For the reasons stated in the application, the same is allowed and applicant/appellant is granted leave to file the appeal.
Application stands disposed of.
Cr. Appeal No.__________2023 Be registered.
Admit Records of learned courts below be called for.
List for hearing in due course.
( Sushil Kukreja ) Judge 13th March, 2023 (reena) ::: Downloaded on - 13/03/2023 21:11:47 :::CIS