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2025 DAILYLAW 16489 (HP)

ASHWANI MEHTA v. STATE OF HP

CRMPM/1350/2025 · 2025-06-17

Rakesh Kainthla

body2025

Judgment text

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Ashwani Mehta vs. State of H.P. Cr. MP(M) No. 1350 of 2025 17.6.2025 Present: Mr. Suneel Awasthi, Advocate, for the applicant. Mr. Jitender Sharma, Additional Advocate General, for respondent-State. No reply is intended to be filed. 2. Heard. 3. In the present case, the judgment was pronounced on 28.3.2025 and the present appeal was filed on 28.5.2025 i.e., on 61st day from the date of passing of the judgment. The period of limitation under Article 115(b) of Schedule to the Limitation Act is 60 days, therefore, there is delay of only one day in filing the appeal. 4. Registry has calculated that there is delay of 67 days. The applicant/appellant filed an application for supply of copy after the expiry of period of 60 days. Therefore, the grace period is not to be given as per the reference titled Chet Ram Vs. Gian Chand, Reference in RSA No. 70 of 2023, answered on 21.12.2023. In Chet Ram (supra), the question to be determined was whether the time spent for obtaining the certified copy after the expiry of period of limitation was to be set off/deducted from the period of limitation available to a party. It was held by the Reference Court that this period cannot be set off/deducted if the application is made beyond the statutory period of limitation. Therefore, the only the period spent in obtaining the copy could have been added. The judgment does not mean that the period of limitation prescribed under the Limitation Act is not to be made available to a person who has applied for the certified copy after the expiry of period of limitation. 5. Keeping in view the fact that there is only delay of one day, it is a first appeal which is a statutory right and the appeal has been filed through Legal Services Authority, which means that the applicant was unable to engage a counsel himself, the delay in filing the appeal is ordered to be condoned. 6. Application stands disposed of. Cr. Appeal No. _____ of 2025 (Cr. Revision-ST No. 4928 of 2025). 7. Notice. Mr. Jitender Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the respondent-State. 8. The delay in filing the appeal has been condoned vide separate order passed in Cr.MP(M) No. 1350 of 2025. Appeal be registered. 9. Record be called for. Cr.MP No. _____of 2025 (Cr.MP-ST No.4630 of 2025. 10. Notice in the aforesaid terms. 11. Application be registered. 12. Reply to the application, if any, be filed within two weeks and list the matter thereafter. (Rakesh Kainthla) Judge 17th June, 2025 (Chander)