Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963-Section 5 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Limitation Act, 1963-Section 5-Application filed by Appellant-State in terms of S. 378, CrPC seeking leave to appeal before High Court against acquittal of accused-respondents by Trial Court-Delay of 57 days in filing the application-Condonation of-Held: High Court erred in rejecting the application for condonation of delay- "Sufficient cause" for condonation of delay should be considered with pragmatism-Factors peculiar to functioning of the State such as procedural red-tape cannot be excluded from consideration-State being an impersonal machinery cannot be put on the same footing as an individual who would always be quick in taking decision-Code of Criminal Procedure, 1973-Section 378(3). A case under 302/307/326/34 IPC was registered against the respondents, but the Trial Court acquitted them. Against the acquittal, the State Government in terms of Section 378(3) CrPC filed application for grant of leave to appeal before the High Court. Since there was delay of 57 days in making the application, an application for condonation of delay was also filed under Section 5 of the Limitation Act, 1963. High Court, however, refused to condone the delay on grounds that it was the duty of the litigant to file appeal before expiry of the limitation period; that merely because the Additional Advocate General did not file an appeal inspite of the instructions issued to him, that did not constitute sufficient cause and further the fact that the records were purportedly missing was not a valid ground. Accordingly the application for condonation of delay and consequentially the application for grant of leave to appeal was rejected. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 179 |
Petitioner | State Of Nagaland |
Respondent | Lipok Ao And Ors. |
SCR | [2005] 3 S.C.R. 108 |
Judgement Date | 2005-04-01 |
Case Number | 484 |
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