Ut Of J&K vs Santosha Devi And Anr
2023 Latest Caselaw 1100 j&K

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    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU

                                                        Crl LP(D) No. 28/2022
                                                        CrlM No. 1909/2022

UT of J&K                                           .....Appellant(s)/Petitioner(s)
                        Through: Mr. Dewakar Sharma, Dy. AG vice
q
                                 Mr. Vishal Bharti, Dy. AG
                   vs
Santosha Devi and anr.                                        ..... Respondent(s)
                        Through: None
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
       HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

                                     ORDER

CrlM No. 1909/2022

This is an application seeking condonation of delay in filing of the

acquittal appeal against judgment dated 30.07.2022 passed by learned Additional

Sessions Judge, Doda.

As per report of the Registry, there is a delay of 38 days in filing the

instant appeal.

It has been submitted in the application that after obtaining copy of the

impugned judgment, the matter was examined and forwarded to the Government

for filing the appeal and ultimately, vide Order No. 7982-JK(LD) of 2022 dated

30.09.2022, sanction was accorded for filing of the appeal against the impugned

judgment.

It is in these circumstances that the delay in filing of the appeal has

occasioned.

Despite service, the respondents have not chosen to appear before the

Court, as such, averments made in the application have remained un-rebutted.

CrlM No. 1909/2022

We are of the opinion that having regard to the averments made in the

application, the appellant has properly explained the delay in filing of the appeal,

as such, the application seeking condonation of delay is allowed. The delay of 38

days in filing of the appeal is condoned.

The application stands disposed of.

List the application seeking leave to file the appeal for consideration on

12.07.2023.

                            (RAJESH SEKHRI)                     (SANJAY DHAR)
                                   JUDGE                             JUDGE

Jammu
26.05.2023
Neha