Ramjaan Kha vs State Of Rajasthan ...
2023 Latest Caselaw 6768 Raj

[2023:RJ-JD:27706-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal (Db) No. 25/2023

Ramjaan Kha S/o Sultan Kha, Aged About 56 Years, B/c Sindhi Musalman R/o Talab Ki Dhani, Sindhipura Tehsil Pipar City District Jodhpur (Raj.) (Father of deceased)

----Appellant Versus

1. State of Rajasthan

2. Ahmadeen @ Ahmadeen S/o Alladeen, B/c Sindhi Musalman R/o Sidhiyo Ki Dhani, Buchkala Marg, Boyal, Police Station Bilara, District Jodhpur (Raj.)

3. Mehru Kha S/o Alladeen, B/c Sindhi Musalman R/o Sidhiyo Ki Dhani, Buchkala Marg, Boyal, Police Station Bilara, District Jodhpur (Raj.)

4. Jabbar Kha S/o Naseer Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

5. Hakim Kha S/o Alladeen, B/c Sindhi Musalman R/o Sidhiyo Ki Dhani, Buchkala Marg, Boyal, Police Station Bilara, District Jodhpur (Raj.)

6. Allanoor S/o Jamal Kha, B/c Sindhi Musalman R/o Boyal Ki Dhani, Boyal, Police Station Bilara, District Jodhpur (Raj.)

7. Jamal Kha S/o Ushman Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

8. Ibrahimm Kha S/o Ushman Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

9. Sattarr Kha S/o Gaffur Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

10. Naseer Khan S/o Sattar Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

11. Subhan Kha S/o Haji Kha, B/c Sindhi Musalman R/o Raiyanagar, Boyal, Police Station Bilara, District Jodhpur (Raj.)

[2023:RJ-JD:27706-DB] (2 of 3) [CRLAD-25/2023]

12. Naseer Kha S/o Gafur Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

13. Allanoorr S/o Somu Kha, B/c Sindhi Musalman R/o Buchkala Marg Ki Dhani, Boyal (Raiyanagar) Police Station Bilara, District Jodhpur (Raj.)

14. Jamal Kha @ Jamaludeen S/o Ramjan Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

15. Shalu Kha S/o Bhike Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

16. Farukh Kha S/o Taju Kha, B/c Sindhi Musalman R/o Chand Kha Ki Dhani, Riya Setha Ki, Police Station Pipar City, District Jodhpur (Raj.)

----Respondents

For Appellant(s) : Mr. Surya Deep For Respondent(s) : Mr. B.R. Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

02/09/2023

The present appeal is barred by 1328 days.

The application (IA No.1/2023) under Section 5 of the

Limitation Act has been filed on behalf of the appellant with a

prayer for condoning 1328 days delay in filing the present appeal.

It is stated in the application (IA N.1/2023) under Section 5

of the Limitation Act that the impugned judgment was passed on

20.02.2019, however, as the appellant is illiterate and poor

person, he failed to prefer an appeal against the impugned

judgment due to lack of knowledge. It is further stated that

[2023:RJ-JD:27706-DB] (3 of 3) [CRLAD-25/2023]

though, the appellant wanted to file an appeal against the

impugned judgment but due to Covid-19 situation in whole world,

he failed to file the appeal within limitation.

It is to be noticed that the impugned judgment was passed

on 20.02.2019, whereas the spread of Covid-19 pandemic in the

country was around February and March 2020.

The appellant has failed to furnish any satisfy reason for not

filing the present appeal against the impugned judgment dated

20.02.2019 till February and March 2020.

As the reasons mentioned in the application (IA No.1/2023)

for condoning 1328 days delay in filing the present appeal are not

satisfactory, we are not inclined to condone the delay in filing the

present appeal.

Hence, the application (IA No.1/2023) under Section 5 of the

Limitation Act is hereby dismissed.

Resultantly, the present appeal is also dismissed on the

ground of delay.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.38

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