LAWS(TRIP)-2015-3-65

STATE OF TRIPURA; DIRECTOR GENERAL OF POLICE; ASSISTANT INSPECTOR GENERAL OF POLICE Vs. SAMIRAN DEB; GOVINDA PATARI; ARUP CHAKRABORTY; SAMBHULAL BHOWMIK; MD NAJRUL ISLAM; BIDHAN BHOWMIK; RAJIB MAJUMDER; SUNIL KUMAR DEB; MARAN BAIDYA; SUDHANGSHU PAL

Decided On March 12, 2015
State Of Tripura; Director General Of Police; Assistant Inspector General Of Police Appellant
V/S
Samiran Deb; Govinda Patari; Arup Chakraborty; Sambhulal Bhowmik; Md Najrul Islam; Bidhan Bhowmik; Rajib Majumder; Sunil Kumar Deb; Maran Baidya; Sudhangshu Pal Respondents

JUDGEMENT

(1.) By this order we propose to dispose of the C.M. Appl. No.112 of 2014 in WA No.56 of 2014 and C.M. Appl. No.118 of 2014 in WA No.59 of 2014 since they arise out of virtually similar judgments, passed by the learned Single Judge and the reasons for condonation of delay are identical.

(2.) Reference is being made to the facts stated in C. M. Application No.112 of 2014 in which the delay is of 165 days. In the other case, the delay is 176 days.

(3.) The judgment was delivered on 10.02.2014 and certified copy was received by the Office of the Advocate General on 10.02.2014. According to the affidavit the department referred the matter to the learned Additional Government Advocate on 20th March, 2014 for drafting the memo of appeal from the judgment. This memo was drafted after one month on 22.04.2014. It was sent to the department and now the learned Additional Government Advocate was directed to draft condonation petition and stay petition on 24th April, 2014. It took almost one month to draft the same and the matter was sent to the department on 20th May, 2014. Thereafter the department suggested certain modifications in the application for condonation of delay on 3rd June, 2014 and the modification was sent by the learned Government Advocate on 11th June, 2014. Again the department suggested further modification on 23.06.2014 and the modified application was sent to the department after one month on 21.07.2014 and returned to the learned advocate on 28.07.2014. Again the appeal was not filed and for preparation of copies of the memo of appeal etc. another one month time was taken and the appeal was filed on 26.08.2014. This is the application for condonation of delay does nothing more than detailed the aforesaid facts and it is prayed that delay should be condoned.