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2015 Supreme(MP) 1181

JARAT KUMAR JAIN
ASHWINI PANDYA – Appellant
Versus
STATE OF M. P. – Respondent


JUDGMENT :

1. This revision under section 397/401 of the Criminal Procedure Code is filed against the order dated 29-6-2015 passed by Second Additional Sessions Judge (ASJ), Ujjain in Cr. Appeal No. 320/2011.

2. An offence under sections 419, 420, 471, 120-B of the Indian Penal Code registered at Police Station Kotwali, Ujjain at Crime No. 28/2006. After investigation, final report has been filed against the applicant and some other accused persons, which is registered as Cr. Case No. 4555/2006.

3. Learned Judicial Magistrate, First Class (JMFC), Ujjain acquitted the applicant along with other accused persons vide judgment dated 19-3-2011. Against the said judgment of acquittal, State has filed the appeal under section 378(1)(a) of the Criminal Procedure Code before the Court of Sessions.

4. The appeal was filed on 8-8-2011 and as such, the appeal was barred by limitation, therefore, the applicant took the objection. Thereupon, non-applicant filed an application under section 5 of the Limitation Act for condonation of delay. After hearing the parties, learned ASJ by the impugned order allowed the application and condoned the delay. Being aggrieved by this, applicant has filed the prese

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