STATE OF J & K Vs. ISHYA RANI

JUDGEMENT

(1.) This is an application seeking condonation of delay of 49 days in filing appeal against the judgment dtd. 30/1/2015 passed by learned Principal District and Sessions Judge, Kathua in case tilted "State v. Ishya Rani". The case in brief is that complainant Jai Dev Sharma lodged a complaint against the non-applicant/respondent and accordingly FIR No. 46/2011 under Sec. 436 RPC was registered before the Police Station Kathua. After completion of the trial, the learned Sessions Judge vide judgment dtd. 30/1/2015 acquitted the accused-non-applicant herein.

(2.) Aggrieved of the judgment dtd. 30/1/2015, appellant/applicant has filed condonation of delay application along with leave to appeal. It is contended in the application for condonation of delay that the Government vide communication dtd. 2/6/2015 accorded sanction for filing appeal against the impugned judgment dtd. 30/1/2015 which was received in the office of Advocate General on 8/6/2015. It is further averred that the brief was handed CONCR No. 72/2015 over to Senior Additional Advocate General on 9/6/2015, who examined the judgment and prepared the appeal on 11/6/2015.

(3.) In the present case, the judgment has been passed on 30/1/2015. Four months have been taken for getting the sanction and thereafter further one month for filing the appeal along with condonation and leave to file the appeal, which clearly shows the conduct of the appellant-applicant in such type of criminal matters. It is strange that more than six months have been taken by the Government to file the appeal, though, the applicant being a Government authority should not have any difficulty in filing the appeal in due time. Even otherwise, no one appeared to pursue the matter and the same remained pending for more than six years and also the application has been drafted in a very vague and casual manner.