Devendra Singh Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8528 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5889 of 2023
                                   (DEVENDRA SINGH CHOUHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 13-06-2023
                                 Shri Jagdish Baheti, learned counsel for the appellant.

                                 Shri Kapil Mahant, learned Panel Lawyer for the respondent/State.

Heard on IA No.6117/2023, which is an application for ignoring defects. Learned counsel for the appellant submits that he has cured the defects. Accordingly IA No.6117/2023 for ignoring defects stands disposed off.

Also heard on IA No.6115/2023, which is an application under Section 5

read with Section 14 of the Limitation Act and IA No.6116/2023, which is an application for stay.

It is contended that there was an award dated 04.01.2007 passed by the learned Tribunal against the appellant and in that award learned Tribunal has made observation against the present appellant Devendra Singh Chouhan and his neighbour Shweta Solanki. After passing of that award dated 04.01.2007 proceeding has been initiated against the appellant and his neighbour and that award was challenged before the Hon'ble High Court wherein stay was granted by order dated 22.06.2007 and it was continued till the date of final judgment

i.e. 13.02.2023.

It is submitted that on that date because the appeal of the appellant was dismissed and no observation was made regarding the proceedings under Section 340 of the Cr.P.C. hence after that order this appeal under Section 341 of the Cr.P.C. is required to be filed. Hence this appeal has been filed belatedly and in such circumstances as per provisions of Section 5 read with Section 14 of the Limitation Act the limitation period should be condoned and appellant Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-06-2023 16:23:40

should be allowed to file his appeal against the said provisions.

Learned counsel for the respondent/State has submitted that he has only formal objection regarding Section 5 of the Limitation Act.

In view of the rival submissions advanced before the Court it emerges that owing to filing of appeal against the impugned award of learned Tribunal and stay order passed by this Court, the appellant has not challenged the proceedings of complaint under Section 340 of the Cr.P.C. In this regard it is also well settled that in order to impart substantive justice, liberal attitude should be adopted by the Courts hence I am of the considered opinion that the delay in filing appeal under Section 341 of the Cr.P.C. to this Court should be

condoned and therefore the appellant's application under Section 5 read with Section 14 of the Limitation Act is allowed and the delay in filing appeal is condoned.

Meanwhile IA No.6116/2023, which is an application for stay is granted and proceedings of complaint pending in the trial Court is stayed till further orders.

(PREM NARAYAN SINGH) JUDGE

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Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-06-2023 16:23:40