PIYUSH PATHAK Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. representing the State.

(2.) This petition has been preferred under Section 378(4) of the Criminal Procedure Code, 1973 seeking special leave to appeal against the judgment of acquittal dated 29.06.2017 passed in C/1-Case No. 892 of 2007 / T.R. No. 276 of 2017 by the learned Chief Judicial Magistrate, Jamshedpur where under the sole accused / opposite party no.2 herein has been acquitted of the charges under Sections 379/387 of the India Penal Code.

(3.) Petition is suffering from a delay of 106 days for condonation of which, I.A. No. 138 of 2018 has been preferred. Petitioner has stated that certified copy of the order was obtained on 10.12.2017 and thereafter he approached his counsel to file this application before this Court. The delay is not inadvertent. The period of limitation in filing the petition expired on 04.09.2017 but the same was filed after 106 days delay on 18.12.2017. Therefore, the delay may be condoned. Learned A.P.P. opposed the prayer for condonation of delay stating that there are no sufficient explanation for it.