State Of Chhattisgarh vs Narayan Das Manikpuri
2021 Latest Caselaw 399 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                     CRMP No.550 of 2021

                    State Of Chhattisgarh, Versus Narayan Das Manikpuri




18/06/2021

Mr. Lalit Jangde, Dy. G.A. for the State.

Heard.

There is an application for condonation of delay in filing appeal. This appeal is barred by 620 days and the application for condonation of delay shows that though the judgment of the acquittal was passed by learned Trial Court way back on 24.06.2019, the file could reach the Office of Advocate General only vide memo dated 07.05.2021. Though there is promptness in filing the appeal as soon as it was sent to the office of the Advocate General, we find that there is absolutely no justification provided in the application as to why process of filing appeal could not be completed in various Office of the State Government from 24.06.2019 till 07.05.2021 i.e. for almost 2 years. We direct learned State counsel to file proper affidavit which shall clearly state how the matter was dealt with by Law department and other offices in-coordinating preparedness of paper obtaining opinion and forwarding the same to the office of the Advocate General vide memo dated 07.05.2021. We make it clear that the affidavit will have to be filed in support of the aforesaid information by none other than the Principal Law Secretary, Department of Law, Government of Chhattisgarh.

The matter be listed immediately after four weeks for consideration.

When this case is listed on the next date of hearing, we would expect that learned Advocate General will address the Court because we consider it proper to issue certain guidelines in the matter of streamlining the process of scrutiny, information and filing of appeal in cases of acquittal, more, particularly in cases involving acquittal against allegation of commission of sexual offences against minors. A copy of this order shall be supplied to learned State counsel, free of cost.

In addition, a copy of order shall be sent by the Registry to the Principal Law Secretary, Government of Chhattisgarh for necessary compliance.

The matter be listed on 20th of July, 2021.

                      Sd/-                                         Sd/-
         (Manindra Mohan Shrivastava)                        (Vimla Singh Kapoor)
                      Judge                                        Judge




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