BALKAR SINGH Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for condonation of delay of 813 days (about 2 years, 2 months & 23 days) in filing the petition under section 378(4) Cr.PC and emanating from the record, is that, in the wake of complaint of complainant Arjun Singh (PW9), a criminal case was registered against the private respondent Nos.2 & 3 (accused), by means of FIR No.182 dated 10.7.2006, on accusation of having committed an offence punishable under section 306 read with section 34 IPC by the police of Police Station Butana, District Karnal.

(2.) The trial Court acquitted the respondents-accused from the indicated charge, vide impugned judgment of acquittal dated 23.9.2009, which, in substance, is as under (paras No.34 & 35):-

(3.) The State of Haryana did not challenge the judgment of acquittal and on the contrary, Balkar Singh, son of complainant Arjun Singh preferred the present petition for special leave to appeal, invoking the provisions of Section 378 (4) Cr.PC alongwith a petition for condonation of delay of 813 days in filing the same, inter-alia pleading that in the month of January, 2010, he approached the District Attorney, Karnal for getting the information, with regard to filing of the State appeal. He assured him to ascertain the status. Ultimately, he approached the office of Advocate General on 29.9.2011, then, his counsel informed that no appeal has been filed by the State. In this manner, the delay of 813 days in filing the appeal has occurred. On the strength of aforesaid grounds, the petitioner-appellant sought to condone the delay in the manner depicted here-in-above.