STATE THROUGH POLICE STATION, SHO BILLAWAR DISTRICT KATHUA Vs. SUMASHWAR KUMAR
LAWS(J&K)-2020-2-25
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 04,2020

State Through Police Station, Sho Billawar District Kathua Appellant
VERSUS
Sumashwar Kumar Respondents


Referred Judgements :-

STATE OF NAGALAND VS. LIPOK A O [REFERRED TO]
POSTMASTER GENERAL VS. LIVING MEDIA INDIA LIMITED [REFERRED TO]


JUDGEMENT

Sanjay Kumar Gupta,J. - (1.)The applicant/petitioner has filed the instant application seeking condonation of 297 days delay in filing the Criminal Acquittal Appeal against the judgment dated 28.10.2017 passed by the learned Additional Sessions Court, Kathua whereby the respondents have been acquitted.
(2.)It is stated in the application that the judgment was announced on 28.10.2017 and on receipt of copy of the judgment from the trial Court, matter was referred to the Department of Law, Justice and Parliamentary Affairs alongwith the record of the case for its examination and opinion. The Law Department after examining the judgment in the light of the record of the case and taking a holistic view of the matter, advised the appellant to file the appeal before the High Court against the impugned judgment vide Govt. Order No.24- LD(ACQ) of 2018 dated 08.01.2018. The appellant on receipt of the communiqué from the Government, immediately contacted the learned AAG and provided all the relevant record. Learned AAG after perusing the judgment and documents has prepared the appeal and the applications on 30.01.2018. The appeal alongwith the applications were filed after a delay of 297 days. The delay in filing the appeal is neither deliberate nor intentional but procedural because of the circumstances detailed above. It is further submitted that the delay caused in filing the appeal is on account of bona fide procedural aspects and no mala fide or deliberate act of causing delay is involved in it.
(3.)Heard learned counsel for the parties and perused the record.
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