CRLA/524/2022
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Uttarakhand High Court

CRLA/524/2022 on 29 October, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                           COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      29.10.2025                        CRLA No.524 of 2022
                                        Hon'ble Ravindra Maithani, J.

Hon'ble Alok Mahra, J.

Mr. Nishant Pandey, learned counsel holding brief of Mr. Sandeep Kothari, learned counsel for the appellant.

2. Mr. Pankaj Joshi, learned AGA for the State.

3. Mr. Harshit Bisht, learned counsel holding brief of Mr. Siddhartha Sah, learned counsel for the private respondents.

4. The victim has preferred the appeal against the judgment and order dated 05.08.2022, passed in Sessions Trial No.90 of 2017, State Vs. Devendra Singh @ Labba & Other, by the court of 1st Additional Sessions Judge, Kashipur, District Udham Singh Nagar. By it, the private respondents have been acquitted of the charge under Sections 302/34 & 328/34 of IPC. There is a delay of 69 days.

5. Heard learned counsel for the parties on the delay condonation application (IA No.1 of 2022).

6. According the appellant, the private respondents were acquitted on 05.08.2022, the certified copy of the judgment was immediately applied on 20.08.2022, the appellant approached his counsel and he could get the certified copy in the month of December, 2022 and, in this process, due to some personal difficulties also, the delay occurred.

7. Objections have been filed. Learned counsel for the appellant submits that in the process of preparing the appeal and obtaining certified copy of the judgment etc. and due to some personal difficulties, the appeal has been delayed.

8. Learned counsel appearing for the private respondents submits that there is no justifiable ground, which may be the reason for condoning the delay.

9. Having considered the grounds taken in the affidavit enclosed with the delay condonation application, this Court is of the view that there is a good ground to condone the delay, therefore, the delay in preferring the appeal is condoned and the delay condonation application stands allowed accordingly.

10. Learned counsel for the appellant seeks time to argue on admission.

11. Paper book is already prepared. Let it be provided to the learned counsel for the parties as per Rules.

12. List this matter for hearing on admission on 18.11.2025.

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(Alok Mahra, J.) (Ravindra Maithani, J.) 29.10.2025 BS