UT OF J AND K THROUGH POLICE STATION THANAMANDI v. WAQAR HUSSAIN
Crl LP(D)/16/2024 · 2025-04-21
Sindhu Sharma, Vinod Chatterji Koul
body2025
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[ 2025 DAILYLAW 2770 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2770 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 29
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Crl LP (D) No. 16/2024
UT of J&K
…. Petitioner/Appellant(s)
Through:- Ms. Sagira Jaffar, Advocate vice Mrs. Monika Kohli, Sr. AAG.
V/s
Waqar Hussain
…..Respondent(s)
Through:- None
CORAM:
HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
21.04.2025
CrlM No. 510/2024
1. Applicant seeks condonation of 382 days delay in filing the appeal against
order dated 31.01.2023, passed by learned 3rd Additional Sessions Judge, Jammu, in case titled “UT v. Waqaru Hussain”.
2. Notice in this application was issued on 03.04.2024. On 25.11.2024, respondents were granted last and final opportunity of four weeks’ for filing objections to the application.
3. Neither reply has been filed nor there is any representation on behalf of the respondent.
4. Learned counsel for the applicant submits that the delay which has occurred is neither intentional nor deliberate, but due to time taken in obtaining the certificate copy, statement of witnesses as well as taking decision in filing of appeal. The sanction was granted vide order No. 10735-JK(LD) of 2023 dated 01.08.2023, in filing of appeal in terms of Section 21 of NIA Act.
5. For the reasons stated in the application coupled with the fact that respondents have not filed objections to the condonation of delay application, sufficient cause for condoning the delay is made out. Accordingly, delay of 382 days is condoned.
6. Application is disposed of accordingly.
Crl LP (D) No. 16/2024
1. This application is seeking leave of this Court to file criminal acquittal appeal against the judgment dated 31.01.2023, passed by the learned 3rd Additional Sessions Judge, Jammu, for commission of offences punishable under Sections 13/18/20 UA(P). .
2. We have gone through the judgment and heard the submissions of the
learned counsel for the appellant and grant the leave to appeal.
3. Application is, accordingly, disposed of.
4. Registry to diarize the appeal and list it on 02.07.2025.
(Vinod Chatterji Koul) (Sindhu Sharma) Judge
Judge
Jammu:
21.04.2025 Vishal Khajuria