Central Bureau Of Investigation ... vs Unknown
2022 Latest Caselaw 2511 Cal

04.05.2022 Sl. No. 10.

Mithun.

Ct.No.42.

IA No:CRAN/1/2018 (Old No:CRAN/2924/2018) in CRMSPL/152/2018

(Via Video Conference)

In re: An application for condonation of delay under Section 5 of Limitation Act.

In the matter of : Central Bureau of Investigation represented by Addl.SP, CBI, ACB, Kolkata.

...petitioner.

Mr. Amajit De, Adv.

...for the CBI.

It appears from the affidavit of service which was filed by the

learned Advocate for the petitioner on 22 nd April, 2022 that the Private

Opposite Party/accused received the notice of the instant proceeding,

but he is not represented to contest this proceeding.

Therefore, this Court has no other alternative but to take up the

hearing of the application under Section 5 of the Limitation Act ex

parte.

It is submitted by the petitioner by an affidavit that there was

244 days delay in filing the memorandum of appeal. The petitioner has

also explained the reasons for delay in Paragraph 5 of the application.

I have carefully perused the grounds set out by the petitioner to

explain the delay in filing the appeal. It appears to this Court that

delay was actually caused in the office of the higher authorities of the

C.B.I. and according to C.B.I. Manual, a local officer representing the

CBI cannot file any appeal without formal permission by the highest

authority of the department.

In my considered view an appellant should not suffer for delay in

filing an appeal because of official procedures. Of course when the

higher authorities are in charge of taking final decision as to whether

an appeal should be preferred against judgment of acquittal or not,

they should bear in mind that there is a Central Act, under the heading

"Limitation Act" which they are bound to follow.

Now considering the facts and circumstances of the case, this

Court is inclined to condone the delay in filing the appeal subject to

payment of cost of Rs.50,000/- to be paid by the Secretaries,

Department of Personnel and Training, Government of India at New

Delhi and Department of Legal Affairs, Ministry of Law and Justice,

Government of India at New Delhi. Unless the amount be paid by the

concerned Officers in the fund of State Legal Service Authority, West

Bengal, the instant appeal shall not be treated to be admitted on

condonation of delay.

The learned Advocate for the CBI is at liberty to intimate the

order passed by this Court to the higher officials of CBI for compliance.

The application under Section 5 of the Limitation Act is, thus,

disposed of.

( Bibek Chaudhuri, J. )