STATE OF HIMACHAL PRADESH Vs. CHANPREET SINGH

JUDGEMENT

(1.) This application has been preferred by the applicant/appellant, under Section 5 of the Limitation Act for condonation of delay of 197 days in filing the Criminal Revision. As per the applicant, in the instant case, certified copy of the impugned judgment was applied on 7.12.2018 and the same was delivered on 17.12.2018. On receipt of the certified copy, the case was examined by the concerned Public Prosecutor, Solan. Thereafter, the case was sent by the District Magistrate, Solan, to the Additional Chief Secretary (Home) to the Government of Himachal Pradesh, for taking further decision. The case file was returned to District Magistrate, Solan, on 16.11.2018 with the objection that the certified copy of order dated 30.7.2018, passed by the learned Principal Magistrate Juvenile Justice Board, Solan, is not enclosed with the proposal. The District Magistrate, Solan, sent the same alongwith record of the case, which was received in the Home Department and the case was referred to the Law Department for seeking their opinion. Thereafter, the case was submitted to the competent authority for taking decision. The application is duly supported with an affidavit.

(2.) Reply to the application has been filed by nonapplicant/respondent and it has been averred that the applicant was negligent in pursuing the matter and the present application is hopelessly time barred and the same is liable to be dismissed.

(3.) Learned Additional Advocate General has argued that the learned Court below should have taken into consideration the fact that the juvenile offender, who has committed mischief as well as offence punishable under Section 379 of the Indian Penal Code, he should have been dealt in accordance with law, after ignoring the technical defect.