STATE OF JHARKHAND Vs. KISHORE CHANDRA

JUDGEMENT

(1.) The instant interlocutory application is filed under Sec. 5 of the Limitation Act, 1963 to condone the delay of 266 days in filing the Letters Patent Appeal, challenging the judgment dt. 17/2/2024 of the learned Single Judge in W.P.(S) No. 623 of 2020.

(2.) In the application filed seeking condonation of delay it is stated that the respondents had filed a representation dt. 28/3/2024 before the applicants enclosing copy of the impugned order; that the Legal cell of the Police Headquarter, Ranchi on 3/4/2024 mooted a proposal for taking appropriate decision with regard the order of the learned Single Judge; that on 4/4/2024 the Dy. S.P. (Legal) forwarded the same to the IG ( Provision), Jharkhand; that on 5/6/2024 IG (Provision) directed to obtain opinion of the Advocate General in the matter; and the file was sent to the office of the Advocate General on 13/6/2024; on 14/6/2024 he gave opinion to file LPA.

(3.) Thereafter file was returned on 24/6/2024 to the Legal Sec. through proper channel and then statement of facts, grounds of appeal were prepared and the same was sent to the office of the Standing Counsel-IV. It is contended that on 6/8/2024 draft memo was received from the office of SC-IV and was sent to the Home Department on 13/8/2024 for taking approval of the Departmental Secretary which was returned to the Police Headquarter on 28/10/2024; on 11/11/2024 Dy. S.P. Headquarter, forwarded it to the higher authority; and then on 9/12/2024 the Letters Patent Appeal was filed with a delay of 266 days.