Himachal Pradesh High Court
Tara Chand vs . Bal Krishan Tanta on 10 August, 2023
Author: Virender Singh
Bench: Virender Singh
Tara Chand Vs. Bal Krishan Tanta Cr. MP(M) No. 1068 of 2023 .
10.8.2023 Present: Mr. Paras Ram, Advocate vice Mr. B.R.
Kashyap, Advocate, for the
appellant/applicant.
Mr. Piyush Sharma, Advocate, for the respondent/n on-applicant.
of Cr. M.P. No. 1471 of 2023 Considering the factual position, as mentioned in the application, delay in re-filing the appeal is condoned.
rt The application is, thus, disposed of.
Cr.M.P.(M) No. 1068 of 2023 By way of present application, the applicant has sought indulgence of this Court to condone the delay, in filing the appeal, which has been preferred against the judgment of acquittal, passed by the Court of learned Judicial Magistrate First Class, Court No. 3, Shimla (hereinafter referred to as 'the trial Court'), in criminal complaint No. 303-3 of 2017, which has been mentioned, in the application, as 54 days.
Condonation of delay has been sought on the ground of ailment of wife of the applicant.
The application has duly been supported by an affidavit.
Though, reply to the present application has not been filed, yet the prayer made in the application, has been opposed, tooth and nail.
Considering the factual position, as mentioned in the application, this Court is satisfied that the applicant is not going to achieve anything by filing the present appeal, ::: Downloaded on - 10/08/2023 20:38:37 :::CIS .
after prescribed period of limitation, had he not been prevented to do so.
As such, the delay in filing the appeal is ordered to be condoned. The application is, thus, disposed of of.
Cr. Appeal No. _______________ rt Be registered.
Before proceeding further, let record of learned trial Court be requisitioned, for 14.9.2023.
(Virender Singh) Judge August 10, 2023 (kalpana) ::: Downloaded on - 10/08/2023 20:38:37 :::CIS