SUBHASH CHANDRA PANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BENCH copy of the writ petition has been filed in Court and, accordingly, defect has been removed.

(2.) LEARNED counsel appearing on behalf of the respondents does not object to the application for condonation of 23 days delay being allowed. We have also, however, considered the averments made in the application for condonation of delay and, being satisfied with the sufficiency of the reasons furnished, allow the application (CLMA No. 11203 of 2011).

(3.) WE are not inclined to admit the appeal, inasmuch as, there is nothing to go in the appeal. Prisoner in the custody of the appellants escaped. Report, in that regard, was lodged by the appellants themselves with Haldwani Police Station. That report led to an investigation by the police under the Code of Criminal Procedure, which resulted in filing of a charge -sheet before the appropriate Magistrate. By the charge -sheet, appellants were charged for having committed offences punishable under Sections 223 and 224 of the Indian Penal Code. Therefore, it was clear that the appellants were charged of, being public servants legally bound as such public servants to keep in confinement the said prisoner charged with an offence, negligently permitting the said prisoner to escape from such confinement.