STATE OF HARYANA Vs. KHALID

JUDGEMENT

(1.) CRM-A No.2593-MA of 2018 has been filed under Section 378(3) Cr.P.C by the State of Haryana for grant of leave against the judgment of acquittal dated 11.01.2018 passed by the Additional Sessions Judge, Mewat after a delay of 183 days. An application for condonation of delay, duly supported by an affidavit, has been moved. In the application for condonation of delay, it has been mentioned that after obtaining the certified copy of impugned judgment, it was sent to Superintendent of Police, Nuh vide Memo dated 21.02.2018 to file an appeal before this Court, who after considering the opinion of the District Attorney, Nuh, sent all relevant documents to the Office of District Magistrate, Nuh on 14.03.2018. Thereafter, it was put up for opinion before the Law Officer who gave his opinion and the same was got approved by the Advocate General, Haryana.

(2.) However, the Additional Chief Secretary to Government of Haryana approved the case for filing appeal and delay of 183 days has occurred in filing of the appeal.

(3.) Although, an application for condonation of delay has been filed but no details whatsoever have been mentioned as to when the file was sent for having opinion and when it came back. Simply, it has been mentioned that in completing all the formalities, the delay of 183 days has occurred in filing of the appeal. Meaning thereby, the delay has not properly been explained and has been stated to have occurred in the process of taking legal opinion. A vague averment has been made in the application for condonation of delay. The application does not disclose sufficient ground to condone the delay of so many days in filing of the application for leave to appeal.