Jawahar Paswan vs The State Of Jharkhand
2025 Latest Caselaw 544 Jhar

Jharkhand High Court

Jawahar Paswan vs The State Of Jharkhand on 3 July, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                    2025:JHHC:17677-DB



       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   L.P.A. No. 400 of 2023
                            With
                     I.A. 3276 of 2024

     Jawahar Paswan, S/o Vijay Paswan, R/o Village-Khalsa Bariyatu,
     PO & PS-Latehar, District-Latehar      ...   ...     Appellant
                                   Versus
     1. The State of Jharkhand
     2. Director General, Jharkhand Home Guard, Ranchi
     3. Deputy Commissioner, Latehar
     4. Superintendent of Police, Latehar
     5. District Commandant, Home Guard, Latehar
                                            ...   ...     Respondents
                                    -----

        CORAM:           HON'BLE THE CHIEF JUSTICE
                   HON'BLE MR. JUSTICE RAJESH SHANKAR
                                      -----
     For the Appellant              : Mr. Shadab Eqbal, Advocate
     For the Respondents            : Mr. Gaurang Jajodia, AC to GP-II
                                    -----

22/03.07.2025     I.A. No. 3276 of 2024 has been filed under Section 5

of the Limitation Act, 1963 to condone the delay of 197 days in

filing the appeal, challenging the judgment dated 20.12.2022 of

the learned Single Judge in W.P.(S) No. 1862 of 2012.

2. It is the contention of the counsel for the applicant

that the applicant was not informed about the dismissal of the

writ petition by the concerned advocate on record at that time.

He also contends that he does not have knowledge of law and is

financially weak. It is stated that the file also was misplaced and

certified copies were applied through a new advocate and then

the appeal is filed.

3. It is the duty of the applicant to keep a track of the

case and its fate, and he cannot blame the advocate concerned.

As regards the applicant being financially weak, the applicant

2025:JHHC:17677-DB

could have approached the Legal Services Authority of the High

Court and got an advocate appointed, for filing the appeal.

4. We are of the opinion that the delay in filing the

appeal is inordinate and sufficient cause has not been shown for

condoning the said period of delay.

5. Therefore, the application for condonation of delay is

dismissed.

6. Consequently, the appeal is dismissed.

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

(Rajesh Shankar, J.) Manish/Ritesh