Case filed in wrong forum-limitation

Querist : Anonymous (Querist) 14 October 2011 This query is : Resolved
1. A filed a criminal case appeal against acquital of accused based on pvt complaint before high court within limitation.

2. High court asked the appellant to go to session court to file appeal.

3. How the limitation is to be counted in this case? Example is case decided by trail court in 15.08.2009. appeal filed in High court in 15.10.2009. again appeal filed in session court in 15.01.2010. Is it in time ? how the limitation is counted ?

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kuldeep kumar (Expert) 14 October 2011
SECTION 14 LIM ACT IS GOVERNED IN UR CASE.I THINK SEC 14 DONT TK APPEAL INTO CONSIDERATION.

Shonee Kapoor (Expert) 14 October 2011
It is time barred to my limited knowledge.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 14 October 2011
Time barred is an apparent matter unless the high court remitted back the records on its own,which is not the case here.

Doubtlessly section 14(2)OF LIMITATION ACT[WHICH APPLIES TO CIVIL CASES ONLY] would have been applicable , had it been a civil proceeding but i can not say if some provision in Cr.P.C. is also their of similar nature or extends to draw this provision in criminal proceedings also???????

HOWEVER IF THERE IS DELAY CONDONATION PROVISION PROVIDED IN Cr.P.C. ALSO THEN DELAY CAUSED CAN BE CONDED UNDER THAT PROVISION.

M.Sheik Mohammed Ali (Expert) 14 October 2011
yes, i do agree experts query reply

prabhakar singh (Expert) 14 October 2011
@Experts!

Can 473 Cr.P.C. be invoked for delay condonation in this case??????

prabhakar singh (Expert) 14 October 2011
Ultimately here is a case law that in the query in hand you should move an application of delay condonation based on facts which WOULD hopefully be allowed.

JUDGMENT IN SUPPORT IS CITED BELOW.::

Delay Condonation Application No.195054 of 2011
In

Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 447 of 2011

Petitioner :- Jagdish Singh @ Guddu
Respondent :- State Of U.P.
Petitioner Counsel :- Sudarshan Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the parties.
By means of this application the appellant is seeking condonation of delay of three days in filing this appeal against the judgment and order dated 28/29.9.2010 passed by Additional Sessions Judge/F.T.C. No.6, Bareilly in Sessions Trial No.124 of 2009, State Vs. Jagdeesh Singh @ Guddu by which the appellant has been convicted and senteced to undergo 7 years rigorous imprisonment along with fine of 25,000/- with default stipulation under Section 8/15 of the N.D.P.S. Act.
Despite time being granted no counter affidavit has been filed.
The delay condonation application is supported by affidavit of one Ram Kumar Nandan pairokar of the appellant.
I have perused the delay condonation application and the affidavit filed in support thereof and I am of the view that the delay in filing appeal has been satisfactorily explained.
Accordingly, the delay of 228 days in filing the appeal is condoned.
The delay condonation application is allowed.
This appeal shall be treated to be filed within time. Office is directed to allot regular number to this appeal.
Order Date :- 21.9.2011
Bhaskar
Court No. - 49

Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 447 of 2011

Petitioner :- Jagdish Singh @ Guddu
Respondent :- State Of U.P.
Petitioner Counsel :- Sudarshan Singh
Respondent Counsel :- Govt. Advocate

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