Manju @ Saraswati vs The State Of Madhya Pradesh
2023 Latest Caselaw 3260 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 22 nd OF FEBRUARY, 2023
                                             CRIMINAL APPEAL No. 2445 of 2021

                           BETWEEN:-
                           MANJU @ SARASWATI W/O DEEPAK, AGED ABOUT 32
                           YEARS, OCCUPATION: HOUSEWIFE, R/O: VARANGAON,
                           TEH. BHUSAWAL, DIST. JALGAON (MAHARASHTRA)

                                                                                          .....APPELLANT
                           (BY MR. ASHISH VYAS - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR. ADD.
                                 SESSIONS JUDGE, KHATEGAON, DIST. DEWAS
                                 (MADHYA PRADESH)

                           2.    PAWAN S/O VALLABHDAS AGRAWAL AGED
                                 ABOUT 36 YEARS, OCCUPATION: SERVICE, R/O:
                                 SHANKARRAO     PARISAR,   AJNAS    ROAD.
                                 KHATEGAON, DIST. DEWAS (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. VARSHA THAKUR - GOVERNMENT ADVOCATE)

                                 T h is appeal coming on for orders this day, t h e cou rt passed the

                           following:
                                                              ORDER

Heard on I.A. No.7939 of 2021, which is an application under Section 5 of Limitation Act for condonation of delay.

Learned counsel for the appellant contented that appellant was not having any information regarding the direction of lodging private complaint against her in the judgment 28.12.2015. She has never been served any notice in this regard and only in the year 2020 arrest warrant has been issued against her Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 23-02-2023 11:12:28

and thereafter, she has applied and got bail on 19.02.2020. Therefore, delay occurred in filing of this appeal of 5 years, 1 month and 5 days is bona fide. Hence, he prays that delay be condoned.

Per contra, learned counsel for the respondent/State opposes the prayer and prays for its rejection.

Perused the record of trial Court as well as the documents filed by the appellant.

It is the duty of the appellant to explain the huge delay for filing this appeal. Appellant herself mentioned in this application that she had applied for bail and enlarged on bail on 19.02.2020. Therefore, it is clear that appellant has

proper knowledge about the impugned order passed by the first Appellate Court. Appellant has failed to prove the huge delay of 5 years, 01 month and 05 days in filing this appeal. No bona fide reason has been assigned by the appellant. Hence, I.A. No.7939 of 2021 is rejected and consequently, this appeal is also dismissed being time barred.

Record of the both the Courts below be returned with the copy of this order-sheet.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 23-02-2023 11:12:28