STATE OF GUJARAT Vs. MANDURI VIRBHADRA RAO

JUDGEMENT

(1.) The present Criminal Miscellaneous Application is filed by the Appellant - State of Gujarat, under Sec. 5 of the Limitation Act, for condonation of delay of 375 days caused in preferring the Criminal Appeal, which is filed, challenging the the judgment and order dtd. 6/12/2018, passed by the learned Chief Judicial Magistrate, Narmada at Rajpipla, in Criminal Case No. 747 of 2018, recording, acquittal against the Respondents - Original Accused, for the breach of provision of Rule 209(B) of The Building and Other Construction Workers (Regulation of Employment and Condition) Rules, 2003.

(2.) Heard learned APP Ms. Jirga Jhaveri for the Applicant - State and learned Advocate Mr. Shamik Bhatt for Singhi & Co. for the Respondents.

(3.) Learned APP Ms. Jirga Jhaveri has submitted that the judgment and order recording acquittal by the Court of learned Chief Judicial Magistrate, Narmada at Rajpipla is passed on 6/12/2018 and the certified copy of the impugned judgment and order was applied on 13/10/2020, which was ready for delivery on 13/10/2020 and actually obtained on 15/10/2020. Therefore, after considering the period of limitation, last date for preferring an appeal was 7/3/2019 and the Appeal came to be filed on 9/2/2021. Thus, there is a delay of 375 days in preferring the Appeal. Learned APP has further submitted that the office of the Public Prosecutor, High Court, Ahmedabad has received a letter dtd. 19/1/2021, issued by the Under Secretary, Legal Department, Sachivalaya, Gandhinagar on 20/1/2021, whereby directions were issued to file an Appeal against the order of acquittal dtd. 6/12/2018. Learned APP has further submitted that originally, the delay has taken place at the level of Additional Public Prosecutor, Narmada at Rajpipla because of the fact that though the judgment was delivered on 6/12/2018, in spite of that, an application was made on 13/10/2020 and actually obtained on 15/10/2020. Thereafter, further delay has taken place due to administrative reasons, specially due to lock down due to the Covid-19 Pandemic, which was extended from time to time, and even after the completion of lock down period, the Legal Department as well as office of the Public Prosecutor was working with limited staff, and accordingly, after giving priority to urgent matters, the concerned Public Prosecutor had drafted the matter on electronic mode and after verifying dictation work, it was filed before this Hon'ble Court in which more time has been consumed. It is therefore prayed to condone the delay caused in preferring the Appeal.