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2021 Supreme(HP) 120

CHANDER BHUSAN BAROWALIA
State of Himachal Pradesh – Appellant
Versus
Ram Kumar – Respondent


Advocate Appeared:
For the Appellant :Mr. S.C. Sharma and Mr. P.K. Bhatti, Addl. Advocates General.
For the Respondent:Mr. J.L. Bhardwaj, Advocate.

JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present application, under Section 5 of the Limitation Act, has been maintained by the applicant for condonation of delay of 227 days, in filing the instant appeal. As per the applicant, in the instant case, certified copy of the impugned judgment was applied on 01.10.2018 and the same was delivered on 04.10.2018. On receipt of the certified copy, the case was examined by the learned Public Prosecutor, thereafter, the case was sent by the District Magistrate, Solan, to the Additional Chief Secretary (Home) to the Government of Himachal Pradesh, for taking further decision. Thereafter, the case was referred to the Law Department, for seeking their opinion on 17.11.2018. Further, the case was submitted to the competent authority on 05.12.2018, thereafter, vide letter, dated 10.12.2018, the case file was sent to the concerned office, for filing an appeal before this Court. The learned Advocate General’s Office, vide his letter, dated 11.12.2018, returned the case file with an opinion that the limitation for filing an appeal has been expired and requested to send the application for condonation of delay, so that the appeal be filed. The appl

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