Keshwar Singh vs The State Of Jharkhand
2024 Latest Caselaw 10423 Jhar

Jharkhand High Court

Keshwar Singh vs The State Of Jharkhand on 14 November, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
             L.P.A. No. 455 of 2024
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Keshwar Singh, aged about 63 years son of late Chasan Deo Singh, Village-Akhgaon, P.O. Akhgaon, P.S. Sandesh, District-Bhojpur (Arrah), Bihar, presently residing at Bishunpura, P.O. and P.S. Bishunpura, District-Garhwa.

                                        ...    ... Appellant
                            Versus
1. The State of Jharkhand.

2. The Secretary Department of Home, Govt. of Jharkhand, having office at Project Bhawan, P.O. & P.S. Dhurwa, District-Ranchi, Jharkhand.

3. The Director General of Police, Govt. of Jharkhand, Ranchi, having its office at Police Headquarters, P.O. & P.s. Dhurwa, District-Ranchi, Jharkhand.

4. The Deputy Inspector General of Police, Coal Range, Bokaro, P.O. and P.S. B.S.City, District-Bokaro, Jharkhand.

5. The Superintendent of Police, Dhanbad, P.O., P.S. & District-Dhanbad, Jharkhand.

6. The Superintendent of Police, Garhwa, P.O, P.S. & District-Garhwa, Jharkhand. ... ... Respondents

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Appellant : Mr. Diwakar Upadhyay, Advocate For the Respondents : Mr. Aditya Kumar, A.C. to Sr. S.C.-I

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5/14.11.2024

I.A. No. 9128 of 2024.

This application has been filed for condoning delay of 705 days in filing the appeal challenging the judgment of the learned single judge.

2. In the application filed seeking condonation of delay, it is stated that the applicant is resident of Bihar and he could not come to Ranchi in a routine manner. It is also stated that he is suffering from joint pains and he has enclosed certain medical certificates in support of the said plea.

3. Admittedly, the time for filing a letters patent appeal challenging the judgment of a learned single judge is only

30 days, but the applicant had delayed the filing of the appeal inordinately and has filed it after a delay of 705 days. Merely, because the applicant is a resident of the State of Bihar, he cannot claim that it is not possible for him to come to Ranchi to file the appeal particularly since Ranchi is in the State of Jharkhand which is neighbouring State to the State of Bihar. The presence of the applicant is not necessary for filing of the appeal and he could have engaged any lawyer in Ranchi to file this letters patent appeal.

4. We do not therefore find any sufficient cause for condoning the delay in filing the appeal. Accordingly the application is dismissed.

5. Consequently, appeal is also dismissed.

(M.S. Ramachandra Rao, C.J.)

(Deepak Roshan, J.) Amardeep/vikas