Moti Ram vs Ramesh Kumar And Ors
2023 Latest Caselaw 1198 P&H

CRM-9799-2018 in/and
CRM-A-644-MA-2018                                               --1--

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

                                              CRM-9799-2018 in/and
                                              CRM-A-644-MA-2018
                                              Date of decision:-19.01.2023


Moti Ram                                                        ...Applicant.

                              vs.

Ramesh Kumar and others                                         ...Respondents..

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Vineet Chaudhary, Advocate,
         for the applicant.

          ****

HARKESH MANUJA, J. (Oral)

CRM-9799-2018 Present application is for condonation of delay of 1138 days in

filing the present appeal, challenging the judgment dated 14.08.2014,

passed by the Court of learned Sub-Divisional Judicial Magistrate

Naraingarh, whereby acquittal order has been passed in favour of the private

respondents.

From perusal of the contents made in the application, no sufficient

cause has been made out for the purpose of condoning such a huge delay of

1138 days, in filing the present appeal. In fact, the application as well as

appeal filed at the instance of complainant appears to be an afterthought,

just to harass and humiliate the private respondents, who stood acquitted

way-back in the year 2014 and have been living peacefully without their

being any kind of fresh allegations against them.

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 CRM-9799-2018 in/and
CRM-A-644-MA-2018                                               --2--

Accordingly once, in the facts and circumstances of the present

case, I am unable to convince myself as regards condonation of huge and

inordinate delay of 1138 days in filing the appeal, there is no point to

entertain application under Section 378(4) Cr.P.C. for grant of leave to

appeal against the impugned judgment dated 14.08.2014. As such, the

application is dismissed.

Main case

Consequent to the dismissal of the application for condonation of

delay, CRM-A-644-MA-2018 also stands dismissed.

19.01.2023                                          (HARKESH MANUJA)
sonika                                                  JUDGE

          whether speaking/reasoned: Yes/No
          whether reportable:        Yes/No




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