Prov of condonation under cr pc

Querist : Anonymous (Querist) 28 October 2011 This query is : Resolved
sir

1. Can you please mention under what provision of Cr PC the application for condonation of delay in filing the criminal appeal be done?

2. Experts comments- on applicability of Limitation Act for CRIMINAL CASES?

Thanks and regards for good support always

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ajay sethi (Expert) 28 October 2011
under section 473 of CR PC

the judgment of Hon’ble Supreme Court in “Sukhdev Raj Vs. State of
Punjab” reported in 1994 Supp (2) SCC 398 wherein it has been held as under:-
“The High Court has considered this aspect and after referring to Section 473 CrPC held that in the
facts and circumstances of the case the court can take cognizance if the delay has been properly
explained or that it is necessary to do so in the interest of justice. In any event in this case an
application was filed for condoning the delay and also explaining the delay at a later stage.

Raj Kumar Makkad (Expert) 28 October 2011
Law of Limitation Act is equally applicable in civil as well as in criminal appeals and section 473 Cr. P.. has already been told to you.

Devajyoti Barman (Expert) 28 October 2011
Section 473 crpc deals with delay in filing the case as a result of which if the delay is properly explained, cognizance may be taken.

What I have understood is that the author wants to know the provision under which the appeal mat be preferred after the \prescribed time.

The provision is section 5 of the Limitation Act which makes it clear that the Limitation Act does apply while preferring appeal or filing Revision.

Guest (Expert) 29 October 2011
agree with the experts.

Querist : Anonymous (Querist) 29 October 2011
Sir

Thanks a lot for good expert opinions.

Arun Kumar Bhagat (Expert) 30 October 2011
Condonation of delay in filing the criminal appeal is governed by Limitation Act not u/s 473 CR.P.C.

Querist : Anonymous (Querist) 16 March 2012
sIR

There is contradictory answers on this subject. Let us again review the matter' In criminal appeal if there is a delay the application is filed under limitation Act. Whether the judgments under section 473 Cr PC, the case where the ho'ble court could not condone the delay because of non explanation of delay by appellant can be cited in this also. Clarify. Thanks

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