CRLA/296/2022
2023 Latest Caselaw 2322 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                         COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SPLA No. 256 of 2022
                                  Connected with
                                  IA No. 1 of 2022 (Delay Condonation Application)
                                  in
                                  GA No. 116 of 2022

                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, learned D.A.G. alongwith Mr. Pankaj Joshi, learned B.H. for the State of Uttarakhand.

2. Mr. Md. Umar, learned counsel for the respondents.

IA 1 of 2022 (Delay Condonation Application)

3. Heard learned counsel for the parties on the application.

4. As per the office report, there is a delay of 129 days in filing the present leave to appeal application.

5. The State has challenged the judgment and order dated 14.06.2022 passed by learned Third Additional

of 2014 (Yusuf Vs. Vazir and others).

6. A perusal of the affidavit filed in support of the delay condonation application reveals that the delay had occasioned in obtaining permission from the State Government. In our opinion, the delay appears to be procedural in nature, which has sufficiently been explained. Accordingly, for the reasons indicated in the affidavit, we are inclined to allow the application seeking condonation of delay. The same is allowed. Delay is condoned.

SPLA No. 256 of 2022

7. Having heard the learned State Counsel as well as learned counsel appearing for respondents-accused, we are satisfied that the matter requires hearing as certain evidence, led by the prosecution, requires to be re-assessed. In such view of the matter, the application seeking leave to appeal is allowed.

GA No. 116 of 2022

8. The appeal is admitted.

9. LCR has already been summoned and annexed in connected CRLA 291 of 2022.

10. List on 05.12.2023 alongwith connected matters.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 18.08.2023 R.Dang