STATE OF BIHAR Vs. MAHTAB HUSSAIN

JUDGEMENT

(1.) This appeal on behalf of the State was filed on 2nd January, 1974 against a judgment of acquittal dated 26th of July, 1973 passed by the 2nd Additional Sessions Judge, Chapra. Admittedly the period of limitation expired on 24th October, 1973. The appeal was filed along with an application under section 5 of the Limitation Act. This Court at the time of admission of the appeal provisionally condoned the limitation subject to any objection which may be raised on behalf of respondent no. 1 at the time of final hearing of the appeal. As such when the appeal was taken up for hearing parties were heard on the question of limitation.

(2.) It has been urged on behalf of the accused-respondent that it it not a fit case where delay in filing the appeal should be condoned because no sufficient cause has been made out on behalf of the appellant for filing the appeal beyond the period of limitation.

(3.) Learned counsel appearing for the State submitted that a copy of the judgment bearing endorsement "certified to be true copy, 24. 9. 1973" was received by the District Magistrate, Chapra. According to the learned counsel this was forwarded to the District Magistrate, Chapra in compliance with the provision of Section 373 of the Criminal Procedure Code, 1898 (hereinafter referred as" the Code") which was in force on that day. The Assistant Public Prosecutor recorded his opinion on 29.9.1973 and on that very day the Public Prosecutor forwarded the records to the District Magistrate recommending filing of the appeal before this Court. On 10.11.1973 the District Magistrate sent his proposal for filing the appeal to the Law Department which was received on 14.11.1973 and then it was forwarded to the Advocate-General for his opinion. In the limitation application itself all these facts have been stated and it has been further stated that thereafter, the opinion of the Advocate-General was forwarded to the Law Department and the file was put up before the Minister for State for Law and ultimately the Advocate-General was asked to present the appeal before this Court which was filed as already stated above on 2nd January, 1974.