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2006 Supreme(Del) 1440

High Court Of Delhi
Manmohan Sarin Manju Goel
STATE - Appellant
Versus
VIJENDER SINGH - Respondents
Crl. M. 2400 Of 2001
Decided On : 08/25/2006

Advocates Appeared:
Mukta Gupta, RAJAT KATYAL, Sushil Bajaj

Headnote:Limitation Act, 1963 Section 5 - Condonation of delay - State filed an application for leave to appeal against acquittal - Question arose whether a sufficient ground for condonation of delay has been made out However, the second question arose whether the application for condonation of delay should have been filed alongwith an application for leave to appeal - In the light of cases reported in AIR 1984 SC and 1996 (39) DRJ (DB) 512, the court has taken a view the delay in presentation of an application for leave to appeal should be condoned - Held, application for condonation allowed.

       [Paras 6 & 7]


MANJU GOEL, J.

( 1 ) STATE's application for leave to appeal against acquittal dated 27/3/2001 in S. C. No. 258/1996; FIR 71/1988 for offences under Section 302 read with Section 34 IPC and Section 307 read with Section 34 IPC was presented on 28/8/2001. The same was returned by the Registry which required a copy of the impugned order. After removing the objection, the application for leave to appeal was filed on 24. 9. 2001. The present crl. M. A. No. 1025/2002 for condoning the delay in presentation of the application for leave is presented on 7. 3. 2002. The application is opposed on behalf of the respondents.

( 2 ) TWO questions are involved in this application for condonation of delay. The first is whether sufficient ground for condonation of delay has been made out and, secondly, whether the application for condonation of delay, which itself is delayed for not having been filed along with the application for leave to appeal, can be entertained. Let us take the first question first. The facts explaining the delay are as under: the APP submitted his opinion on the impugned judgment on 27. 3. 2001 and thereafter the PP agreeing with the view of the APP forwarded the file to the Director of Prosecution on 1. 5. 2001. The director of Prosecution agreeing with the views of APP and PP forwarded the file then to the Secretary (Landj) on 14. 5. 2001. The Secretary on his part examined the matter and then forwarded the file to the competent Authority namely the Lieutenant Governor of Delhi through the Chief Secretary and Chief Minister of Delh. The file was returned to the Director of Prosecution with the approval of the Competent authority on 13. 6. 2001. The Director of Prosecution sent the file to the sdm, Saraswati Vihar, who forwarded the same to the office of the standing counsel on 9. 7. 2001. The appeal was prepared and filed on 28. 8. 2001. By then, the appeal was already delayed by 62 days.

( 3 ) IN reply it is contended that no sufficient ground for condonation of delay is made out in the application inasmuch as there is no explanation as to why it took so long for the matter to be considered at every stage. Whether the procedure involved in filing an appeal against acquittal as detailed above could give a ground for condonation of delay has been considered by this court in a very recent judgment in the case of State v. Suresh Kumar, crl. M. Nos. 1624/02 and 57/04 in Crl. L. P. 52/2002 and certain other cases disposed of by a common judgment. This judgment delivered on 15. 10. 2004 was on the point as to whether delay in preferring an appeal could be condoned. This Court then noted the procedure involved as described above and taking into consideration Supreme Court's judgments in the cases of shankuntala Devi Jain v. Kuntal Kumari and Ors. , AIR 1969 SC 575; new India Insurance Co. Ltd. v. Smt. Shanti Misra, AIR 1976 SC 237; state of Kerala v. E. K. Kuriyipe and Ors. , 1981 (Supp.) SCC 72; O. P. Kathpalia v. Lakhmir Singh and Ors. , (1984) 4 SCC 66; Collector, Land acquisition, Anantnag and Anr. v. Mst. Katiji and Ors. , (1987) 2 SCC107; g. Ramegowda, Major and Ors. v. Special Land Acquisition Officer, bengalore (1988) 2 SCC 142; State of Haryana v. Chandra Mani and ors. , (1996) 3 SCC 132; Bikram Dass v. Financial Commissioner and ors. , AIR 77 SC 2221; and Indian Statistical Institute v. M/s associated Builders and Ors. , AIR 78 SC 335, condoned the delay in presenting appeals before it. The delay under consideration in those matters ranged between 66 days to 450 days. In all those matters the delay in refiling the papers varied between 174 days to 1015 days. The Court began with the observation that 'sufficient cause' should receive a liberal construction so as to avoid mis-carriage of justice arid to do substantial justice and proceeded to observe that while the law of limitation was the same for a private citizen as for Government authorities yet somewhat different considerations arise when a request for condon






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