TEHARAT HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner who was complainant filed Cr. M.P. No. 1144 of 2007 before this Court against the judgment dated 17.4.2007 passed in Cr. Appeal No. 18 of 2007 by the Additional Sessions Judge, Fast Track Court No. 3, Hazaribagh, whereby the learned appellate Court allowed the appeal in part and acquitted the accused persons from the charges under Section 3 of the Dowry Prohibition Act and affirmed the conviction under Section 6(2) of the Dowry Prohibition Act passed by the trial Court. The petitioner -complainant is aggrieved by that part of the order of the appellate Court whereby accused persons were acquitted from the charges under Section 3 of the Dowry Prohibition Act accordingly, the complainant filed Cr. M.P. No. 1144 of 2007 for grant of leave to file an appeal against the acquittal beyond the period of limitation. Notice was issued to the opposite party No. 2 on the points of limitation matter and by order dated 19.9.2007, the petitioner was directed to take steps for service of notice by registered post as well as under ordinary process within one week, falling which this application was to be rejected without further reference to a Bench.

(3.) OFFICE reported that the present application for restoration is barred by limitation since the limitation expired on 26.10.2007 whereas this application was filed on 19.3.2008. Thereafter the petitioner filed an interlocutory application being I.A. No. 778 of 2008 for condoning the delay in filing the restoration application beyond time. The said application for condoning the delay is for consideration today before this Court. The explanation of delay of 130 days in filing the restoration application has been explained by the petitioner stating that the petitioner received the memo of rejection/dismissal on 28.2.2008 and he has filed the application for restoration on 19.3.2008 and therefore it was filed within 30 days from the date of knowledge.