Citation : 2022 Latest Caselaw 9946 MP
Judgement Date : 19 July, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5946 of 2022
(GOVIND KETLE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 19-07-2022
Shri B. N. Pandey, learned counsel for the appellant.
Shri S. K. Kashyap, learned Government Advocate for the
respondent/State.
The matter is listed on office objection regarding non-filing of application for condonation of delay.
Learned counsel for the appellant submits that the Registry has
committed an error of law in treating the period of limitation as sixty days, whereas a conjoint reading of proviso to Section 302 of the Cr.P.C. and Article 114-A of Limitation Act leaves no room for any doubt that the limitation period would be 90 days. The present appeal is filed by the victim within 90 days. Reliance is placed on the judgment of Allahabad High Court in the case of Nanhey Singh @ Dinesh Singh vs. State of U.P. and others in Criminal Misc. Application No.83 of 2013.
We find substance in his argument, and accordingly, office objection is overruled.
Appeal is admitted for final hearing.
Let record of the Court below be requisitioned. List the matter along with record.
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
Signature Not Verified
SAN
ahd
Digitally signed by MOHD AHMAD
Date: 2022.07.20 10:39:29 IST
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