Union Territory Of J And K vs Manzoor Hussain
2021 Latest Caselaw 465 j&K

                                                                             Serial No.101




             HIGH COURT OF JAMMU AND KASHMIR
                        AT JAMMU

                                                              Crl LP (S) No. 6/2021
                                                                CrlM No. 560/2021


Union Territory of J and K                                              ...Petitioner(s)
                       Through:-Mr. Raman Sharma, AAG.

                           v/s

Manzoor Hussain                                                    ....Respondent(s)

                     Through:- None.



Coram:      HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                            ORDER

CrlM No. 560/2021

This is an application seeking condonation of delay in filing the

accompanying acquittal appeal against the impugned judgment dated

28.09.2020 passed by learned Court of Special Judge, Anti Corruption,

Udhampur. The judgment, as already noted, has been passed on 28.09.2020

whereas the appeal has been presented before this Court on 01.04.2021.

In terms of order dated 08.03.2021 passed by the Supreme Court in

Suo Moto Writ Petition (Civil) No. 3/2020 titled, In Re-Cognizance For

Extension of Limitation, the Supreme Court has, inter alia, directed as

under:-

"In cases where limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance of period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from

15.03.2021, is greater than 90 days, the longer period shall apply."

In the instant case, the period of limitation in normal course would

have expired between 15.03.2021 and 14.03.2021. Therefore, in terms of

aforesaid directions of the Supreme Court, petitioner is entitled to avail a

further period of 90 days from 15.03.2021. The appeal, as such, has been

filed well within the extended period of limitation. The same, is

accordingly, treated as within time.

Crl LP (S) No. 6/2021

Issue notice to the respondent through the concerned police Station.

List on 07.07.2021.

(SANJAY DHAR) JUDGE Jammu 12.04.2021 Renu

RENU BALA 2021.04.19 10:58 I attest to the accuracy and integrity of this document