Court No. - 50 Criminal Misc. Delay Condonation Application No.1 of 2018 In
Case :- CRIMINAL MISC. APPLICATION DEFECTIVE U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 52 of 2018
Applicant :- Paschimanchal Vidhyut Vitran Nigam Ltd.
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandan Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Chandan Agarwal, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the delay of 2362 days in filing of appeal has been caused inadvertently due to sufficient reasons; that the impugned order of acquittal dated 5.9.2011 came to the knowledge of applicant on 3.3.2014; that the acquittal order dated 5.9.2011 was passed for non filing of original checking report dated 6.4.2003; that the applicant was advised to file appeal with application under section 391 Cr.P.C. for admitting original checking report; that due to shifting of electricity distribution division from Ghaziabad to Hapur as well as the creation of new division and transfer of records from one office to another, the original checking report was traced in March, 2018; that after it copies of order were applied and appeal has been filed without any deliberate delay.
The applicant is Pashicmanchal Vidyut Vitran Nigam Ltd. The contention that the department having got knowledge of the impugned order of acquittal after a period of two and half years, is quite vague and may not be relied. Moreover, the applicant has failed to show any sufficient cause for such a long delay of about 6 ½ years in filing of appeal.
As per provisions of Section 378 (5) Cr.P.C., no application under sub- section 4 for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
Upon hearing learned counsel for applicant and perusal of allegations made in affidavit, I find that the applicant has utterly failed to show any reasonable or sufficient cause for condoning the inordinate delay of around 6 ½ years in filing of appeal against the impugned judgment and order of acquittal. The application for condonation of delay is devoid of merits and is liable to be rejected.
The application under section 5 of Limitation Act is dismissed, accordingly. Consequently, the application for leave to file appeal as well the appeal also stands dismissed.
Order Date :- 28.5.2018 Tamang
Order on Application for Leave to Appeal Hon'ble Harsh Kumar,J.
Dismissed.
For order, see order of date passed on delay condonation application.
Order Date :- 28.5.2018 Tamang
Order on Memo of Appeal Hon'ble Harsh Kumar,J.
Dismissed.
For order, see order of date passed on delay condonation application.
Order Date :- 28.5.2018 Tamang