2025:CGHC:58762-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3682 of 2025 ROHIT KUMAR State of Chhattisgarh Through The Police Chowki Chikhli, Police Station CHANDRA Kotwali, District- Rajnandgaon (C.G.)

Digitally signed by ROHIT KUMAR CHANDRA ... Petitioner versus V.D. S/o Shri D.D Aged About 29 Years R/o xxxx Police Chowki Chikhli, Police Station Kotwali, District- Rajnandgaon (C.G.)

... Respondent For State/Applicant : Mr. S.S. Baghel, Dy. Govt. Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

04 . 12 .202 5

1. Heard Mr. S.S. Baghel, learned Deputy Government Advocate for the State/applicant on I.A. No. 1 of 2025, which is an application for condonation of delay of 105 days in preferring the application for grant of leave to appeal under Section 419(3) of Bhartiya Nagarik Suraksha Sanhita, 2023.

2. Learned Deputy Government Advocate appearing for the State/applicant submits that the order of acquittal dated 07.05.2025 has been passed by the learned Additional Sessions Judge, FTSC (POCSO Act), Rajnandgaon, (C.G.) in Special Criminal (POCSO) Case No.48/2021, whereby the respondent has been acquitted from charges punishable under 376(3), 506 Part-II of IPC and Section 4(2) of the POCSO Act by holding that the prosecution has failed to prove the alleged charges and giving the benefit of doubt to the accused and thereafter, the Law & Legislative Affairs Department, Government of Chhattisgarh, Mantralaya, Naya Raipur vide memo dated 03.09.2025 sent a proposal to the office of the Advocate General to file a acquittal against the impugned judgment dated 07.05.2025. Thereafter, the case was placed before the Advocate General and then the case was marked for drafting and as per the above proposal, the office has initiated proceeding and certified copy of the impugned order and other relevant exhibited documents have been received from the concerned Department and thereafter, the instant petition was prepared and filed before this Court.

3. It has been contended that the State, after obtaining necessary documents and information with respect to the case, however, some delay was occurred due to fulfillment of various departmental formalities and working of the Government machinery because the State Government is a multi functioning body, hence, at times the fulfillment of departmental formalities takes unexpected long time. Therefore, in some cases the State is prevented from filing the case within the prescribed period of limitation, which is bonafide and not deliberate. The instant appeal is, therefore, being filed after a delay of 105 days from the prescribed period of limitation. Reliance has been placed upon the judgment rendered by Hon’ble Supreme Court in the matter of State of Haryana v. Chandra Mani and others, reported in (1996) 3 SCC 132 to buttress his submissions. As such, the learned State counsel prays that the delay of 105 days in preferring the petition may be condoned.

4. The question for determination before this Court is whether the provisions of Section 5 of the Limitation Act, 1908 (i.e. Act 9 of 1908 i.e. the old Limitation Act) would apply to an application for leave to appeal from an order of acquittal.

5. The Hon’ble Supreme Court in the matter of Postmaster General and others v. Living Media India Limited and another, reported in (2012) 3 SCC 563, has dealt with the limitation issue and held as under:-

“27. It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely be