MUKESH Vs. PURAN AND OTHERS

JUDGEMENT

(1.) Crm No.36415 of 2013

(2.) Learned counsel for the petitioner contended that vide order dated 22.02.2010, learned Chief Judicial Magistrate, Gurgaon, acquitted the respondents in a complaint case and complaint was dismissed. Instead of approaching this Court under Section 378(4) Cr.P.C., the petitioner filed an appeal before the learned Additional Sessions Judge, Gurgaon on 08.05.2010, which was dismissed being not maintainable on 09.01.2012. Thereafter, the appeal has been filed in this Court on 23.01.2012. The delay has occurred due to filing of appeal in a wrong court which is not intentional.

(3.) For the reasons indicated above, the instant application is allowed. Delay of 633 days in filing the appeal is condoned.