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2023 Supreme(HP) 213

AJAY MOHAN GOEL
Parvesh Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sanjay Jaswal, Advocate.
For the Respondent:M/s Baldev Negi, Pushpender Jaswal, Additional Advocate Generals, with Mr. Gautam Sood, Deputy Advocate General.

JUDGMENT :

By way of this petition, the petitioner has challenged order dated 19.02.2022, passed by the Court of learned Additional Sessions Judge-II, Kangra at Dharamshala, H.P., in terms whereof, an application filed under Section 5 of the Limitation Act by the State, for condonation of delay in filing the appeal stood allowed by learned Appellate Court.

2. Brief facts necessary for the adjudication of the present petition are that the petitioner herein faced a trial in FIR No.216/2012, dated 02.10.2012, registered at Police Station Dharamshala, District Kangra, H.P., under Sections 452, 354 and 323 of the Indian Penal Code. In terms of judgment dated 08.09.2016, passed by the Court of learned Judicial Magistrate, 1st Class, Dharamshala, District Kangra, H.P., the petitioner was acquitted of the offences alleged to have been committed by him. Against this judgment, an appeal was preferred by the State alongwith an application filed under Section 5 of the Limitation Act, praying for condonation of delay in filing the appeal. A copy of the application filed under Section 5 of the Limitation Act is appended with the present petition as Annexure P3. Copy of order dated 19.02.2022, pass


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