STATE OF GUJARAT Vs. HARESH

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condonation of delay of 169 days in preferring the application for leave to appeal for challenging the judgment and order of acquittal passed by the learned Sessions Judge, Morbi on 05.03.2019 in Sessions Case No.34 of 2011, whereby the learned judge has acquitted the opponent for the offences punishable under Sections, 302, 120 B, 201 and 114 of the Indian Penal Code.

(2.) It is urged by the applicant that the proposal had been sent to the Legal Department on 17.07.2019, which had reached there on 24.07.2019 and in the concerned Branch on 25.07.2019. The file was prepared by the Deputy Section Officer on the same day and submitted to the Joint Secretary on 31.07.2019, which was approved by the Joint Secretary on 21.11.2019. Onwards, when sent to the Secretary on 22.11.2019, necessary G.R. was prepared on the very day and forwarded to the Office of Public Prosecutor, High Court of Gujarat. The matter was allotted to learned Additional Public Prosecutor on 25.11.2019 and after going through the same, memo of application has been prepared and presented before the Court on 30.11.2019. According to the applicant, there was no negligence in the action of the applicant in prosecuting the matter.

(3.) This Court had issued the Rule on 03.03.2020, which served duly, but nobody has chosen to contest.