SPLA/3/2024
2025 Latest Caselaw 6195 UK

Uttarakhand High Court

SPLA/3/2024 on 12 December, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

              Office Notes,
       Date      reports,
                orders or                    COURT'S OR JUDGE'S ORDERS
              proceedings
              or directions
                   and
               Registrar's
               order with
               Signatures
D/21                          SPLA No.3 of 2024
                              With
                              Delay Condonation Applicaiotn (IA) No.1 of 2024
                              With
                              CRLA No.6 of 2024
                              Hon'ble Ravindra Maithani, J.

Mr. Bharat Tiwari, Advocate for the appellant. Mr. Pankaj Joshi, AGA for the State. Mr. Aditya Purohit, Advocate for respondent nos.2 and 3.

The appellant proposes to challenge the judgment and order dated 13.06.2023, passed in Complaint Case No.2452 of 2013 (543/2013) (357 of 2021), Smt. Kiran Fartiyal Vs. HCP 20 CP Devi Dutt Pandey and another, by the court of Additional Chief Judicial Magistrate, Nainital. By it, the respondents have been acquitted of the charges under Sections 342, 352, 448, 365 read with Section 34 IPC. The appeal is delayed by 144 days. A delay condonation application has been filed. According to the delay condonation application, the appellant is a poor lady and residing in far flung area. After passing of the impugned judgment and order, the appellant owing to her difficult situations and paucity of funds, she could not file the appeal on time, therefore, delay occurred.

Having considered, the grounds of delay are good enough to condone the delay. Therefore, delay in filing the appeal is condoned. The delay condonation application is allowed. The Court proceeded to hear the appeal. Learned counsel for the appellant seeks time to argue the appeal on admission. List on 20.03.2026.

(Ravindra Maithani, J.) 12.12.2025 Sanjay