STATE OF J&K Vs. A.N. SETH

JUDGEMENT

(1.) The applicant/petitioner has filed the instant application seeking condonation of 2766 days delay in filmg the Criminal Acquittal Appeal against the judgment dtd. 1/11/2003 passed by the learned Special Judge Anti Corruption, Jammu whereby the respondents have been acquitted.

(2.) It is stated in the application that while the acquittal appeal remained pending, this Court in another case titled State vs Suresh Kumar being acquittal appeal No.76/2007 held that CBI cannot maintain an acquittal appeal without the sanction of the State Government. Based on this law the Hon'ble Court permitted learned counsel for the applicant to withdraw criminal acquittal appeal no.9A/2004 with permission to file a fresh appeal after obtaining sanction from the State Government. It is further stated that the applicant after the appeal was withdrawn and permission was granted to file a fresh appeal after getting sanction from the State Government proceeded the matter at its own level and after it was found that a fresh appeal needed to be filed, and sanction whereof was required from the State Government, request to State Government was made which the State Government considered and proposed. It took some time for the State Government to process the matter and ultimately vide Government Order No.2258-LD(ACQ) of 2011 dtd. 5/8/2011 permission was accorded for filing an appeal. It is further stated that the appellant on receipt of the communication has immediately requested his learned counsel vide letter dtd. 16/8/2011 to prepare the appeal. The delay in filing the appeal is neither deliberate nor intentional but because of the circumstances detailed above

(3.) Heard learned counsel for the parties and perused the record. 4. During course of the arguments, learned counsel for the applicant/petitioner in support of her case has relied upon the judgment of the Supreme Court in case titled "State of Nagaland vs Lipok AO and others", reported in AIR 2005 SC 2191. On the other hand learned counsel for the respondents has relied upon the judgment of the Supreme Court in case titled "Office of the Chief Post Master General and others vs Living Media India Ltd. and another".