STATE OF BIHAR Vs. BALESHWAR KUMAR RAVI

JUDGEMENT

(1.) THIS matter relates to an application under Section 5 of the Limitation Act on behalf of the appellant against the order and judgment dated 27.6.2005 passed in G.R. No. 698 of 2001/ Tr. No. 2650/2005 by Sri Saniay Kumar Singh. Sub. Divisional Judicial Magistrate. Patna, whereby the learned Judicial Magistrate bad acquitted the respondent-accused Baleshwar Kumar Ravi for the offence under Sections 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code. It has been submitted that last date for filing Government appeal was 25.9.2005. The delay has been caused in the following manner.

(2.) IT has been stated by the appellant that total time spent in obtaining the certified copy of the impugned judgment was 19 days inclusive of 7 days spent in obtaining first certified copy of the impugned judgment which on perusal was found to be defective and additional period of 12 days was spent in obtaining a correct certified copy of the judgment.

(3.) THE delay caused by the Government officials have been stated in details. THEreafter the Law Secretary after due consideration approved the proposal for filing the appeal against acquittal and the file was forwarded to the office of Advocate General on 11.11.2005 for filing appeal. THE delay in getting the file processed in the government offices. Law Department and Secretariat have been elaborately mentioned. Notice was issued to the respondent No. 1 for his appearance. Respondent No. 1 has given reply to the limitation petition.