CRLA/351/2023
2026 Latest Caselaw 798 UK

Citation : 2026 Latest Caselaw 798 UK
Judgement Date : 9 February, 2026

[Cites 0, Cited by 0]

Uttarakhand High Court

CRLA/351/2023 on 9 February, 2026

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                               CRLA No.351 of 2023

                               Hon'ble Ashish Naithani, J.

Mr. Rajveer Singh, learned counsel for the Appellant through VC.

2. Mr. S.S. Chauhan, learned DAG with Mr. Vikash Uniyal, learned Brief Holder, for the State of Uttarakhand.

3. Mr. Shashi Kant Shandilya, learned counsel for the Complainant.

4. Heard on the delay condonation application (IA No.1/2023).

5. Learned counsel for the Complainant objects to the delay condonation application on the ground that the Appellant being an army personnel could not get a leave and no certification regarding the same was furnished, whereas the grounds taken in paragraph 3 of the delay condonation application are sufficient for considering the delay condonation application. Paragraph no.3 is extracted below:-

"That the deponent had came to Roorkee on leave in the month of May 2023. That the order impugned had been passed by the learned Assistant commissioner Garhwal Dehradun Camp on 07.12.2022. That the appellant had no knowledge of the impugned order dated 07.12.2022. That after some times the appellant got information that the assistant commissioner had rejected the application filed under section 340 of the code of criminal procedure. That the informant filed application under provision R.T.I. on 17.01.2023. That the appellant obtained the certified copy of the impugned order dated 07.012.2022 on 24.01.2023. That the appellant obtained the leave from the Army department in the month of May 2023."

6. The delay is of 123 days in filing the present appeal.

7. This Court finds ground for condonation of the delay is sufficient. For the reasons indicated in the delay condonation application, the same is allowed, and the delay in filing criminal appeal is hereby condoned.

8. List this matter on 10.03.2026.

(Ashish Naithani, J.) 09.02.2026 Nitesh/