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2025 DAILYLAW 2792 (HP)

KARAM CHAND v. VIKRAM KUMAR AND ANOTHER

CRMPM/570/2025 · 2026-05-20

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Karam Chand vs. Vikram Kumar and another Cr.MP(M) No. 570 of 2025 20.05.2026. Present: Ms. Prajwal Busta, Advocate, for the petitioner. Mr. Rajesh Verma, Advocate, for respondent No.1. Mr. Ajit Sharma, Deputy Advocate General, for respondent No.2/State. The present application has been filed for seeking condonation of delay of 64 days in filing the appeal. It has been asserted that the applicant was not aware of the acquittal of respondent No.1/accused recorded by the learned Trial Court. The applicant came to know about the acquittal of respondent No.1/accused and he immediately applied for legal aid. Subsequently, a legal aid counsel was appointed, and thereafter the present appeal was preferred. This process took some time. The delay in filing the appeal is bona fide and occurred due to the circumstances beyond the control of the applicant. Hence, the present application. A copy of the letter written by SHO, Police Station Sadar Chamba, District Chamba, H.P. to the Superintendent of Police, District Chamba, H.P. was placed on record, in which it was mentioned that petitioner Karam Chand was not informed by the Police Station about the judgment dated 23.09.2024, passed by learned Additional Sessions Judge, Chamba, H.P. This fact corroborates the plea taken by the applicant that he was not aware about the judgment passed by the learned Trial Court. Since the applicant was not aware about the acquittal of respondent No.1/accused, therefore, he could not file the appeal in time and had bona fide reason for non filing the appeal within time. In view of above, the present application is allowed and the delay of 64 days in filing the present appeal is ordered to be condoned. The application stands disposed of. Cr. Appeal of 2026 ( Filing No. CR.AST No. 1422 of 2025) In view of the order passed in Cr.MP(M) No. 570 of 2025, the delay in filing the appeal has been condoned. It be registered. Notice. Rajesh Verma, learned counsel and Mr. Lokender Kutlehria, Additional Advocate General appear and waive service of notice on behalf of respondents No.1 and 2, respectively. Copy of the appeal be supplied to them. The present appeal has been filed under Section 419 of BNSS and the maintainability of the appeal is highly doubtful. List the matter for consideration on this aspect after one week. (Rakesh Kainthla) Judge 20th May, 2026 (ravinder)