SANTOSH KUMARI THAPAR Vs. ORDINANCE BATTALION CO D

JUDGEMENT

(1.) A preliminary objection to the maintainability of this appeal by which acquittal of the respondents is sought to be set aside has been raised. The plea is that the appeal is time barred.

(2.) The application seeking leave to appeal (Cr. M.No 30 of 1986) was filed or July 9, 1986. The grounds of appeal also dated July 9 1986 were filed along with the said application. On an objection raised by the Registry that the appeal was filed after the period of limitation Cr.M Application No. 30-A of 1986 was filed by the State on August 19 1986 As no affidavit in support of the application bad been filed, it was returned to the counsel. The application was refiled on September 1, 1986. It was 17 placed for hearing on November 10, 1986. The following order was passed thereon:- "Let the application be registered. Delay is condoned subject to just exceptions, if any." Leave to appeal was granted and the appeal was admitted. It was further directed that the appeal be heard along with Cri. Appeal No. 177 of 1985, entitled Dinesh Kumar v. State.

(3.) On July 19, 1988, Mr. Mullah, learned counsel for the appellant in connected appeal (Dinesh Kumar v. State) addressed us. Mr. Bakshi, learned counsel for the respondent (State) also made submissions. It was at that stage Mr. Mathur, learned counsel for the respondent in Cr. Appeal No. 169 of 1986 pointed out that the appeal filed by the State was hopelessly barred by time. To appreciate his contention, it is necessary to notice certain relevant dates.