Abhishek Kumar Dubey vs The Union Of India Through The Director ...
2025 Latest Caselaw 631 Jhar

Jharkhand High Court

Abhishek Kumar Dubey vs The Union Of India Through The Director ... on 8 July, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                             2025:JHHC:18199-DB




IN THE HIGH COURT OF JHARKHAND AT RANCHI
            I.A. No. 5238 of 2024
                  In/And
            L.P.A. No. 387 of 2023
Abhishek Kumar Dubey, aged about 29 years, son of Sri Kamleshwar
Dubey, resident of Friends Colony, Pandra, P.O.-Kamre, P.S. Pandra
(O.P.), District Ranchi, Jharkhand       ... ...     Appellant/Petitioner
                           Versus
1. The Union of India through the Director General of Central Reserve
   Police Force, having its office at Block No. C.G.O. Complex, P.O. +
   P.S.-Lodhi Road, New Delhi-3
2. The Inspector General of Police, Central Reserve Police Force,
   Odissa Sector, Bhubaneshwar, P.O.,P.S. & District-Bhubaneshwar,
   Odissa.
3. The Dy. Inspector General, Commandant, Group Centre, C.R.P.F.
   Bhubaneshwar (Oddissa) P.O., P.S. & District Bhubaneshwar,
   Odissa
4. The Commandant, Group Centre, C.R.P.F. having its office at
   Office of the DIG, GC, CRPF, P.O., P.S. & District-Bhubaneshwar,
   Odissa.
5. The Wing Commander, Third Wing, Recruit Training Center,
   C.R.P.F., Avadi, P.O. & P.S. Avadi, District Chennai, Tamilnadu
                           ...       ...  Respondents/Respondents
                           ---------

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR

---------

For the Appellant: Mr. Jai Shankar Tripathi, Advocate Ms. Sushma Niharika, Advocate Ms. Ruchi Tirkey, Advocate For the Respondents: Mr. Anil Kumar, ASGI Mrs. Niki Sinha, CGC

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05/Dated: 08.07.2025

1. The instant interlocutory application is filed under Section 5 of the

Limitation Act, 1963 by the applicant to condone the delay of 243

days in filing this appeal, challenging the judgment of the learned

Single Judge dt. 20.10.2022 passed in W.P.(S) No. 2281 of 2018.

2. In the application filed seeking condonation of delay it is stated that

the applicant is a poor person and comes from a remote village

and that certified copy of the judgment of the learned Single Judge 2025:JHHC:18199-DB

was received late and this caused the delay of 243 days in filing

the Letters Patent Appeal.

3. The applicant was formerly an employee of the CRPF and had

access to legal aid and engaged the services of a lawyer before

the learned Single Judge. He is a resident of Ranchi district and,

therefore, the plea that he comes from a remote village cannot be

accepted. The other plea that the applicant is poor also cannot be

a valid reason since legal aid is available in the High Court and the

applicant could have availed of the same.

4. Therefore, we do not see any reason to condone the delay of 243

days in filing the Letters Patent Appeal.

5. Accordingly, the application for condonation of delay is dismissed.

Consequently, the Letters Patent Appeal is dismissed.

6. All pending applications shall stand closed.

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

(Rajesh Shankar, J.) Sharda/MM Cp.02