CHAMPA DEVI (deceased) through PRAVEEN MEHRA v. Rajeev Kumar and others
CRMPM/623/2025 · 2025-08-29
Sushil Kukreja, Vivek Singh Thakur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6844 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6844 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Champa Devi (deceased) through LR. vs. Rajeev Kumar
Cr.MP(M) No. 623 of 2025 29.08.2025 Present: Mr. Suraj Kumar, Advocate vice Mr. Tarun K. Sharma, Advocate for the applicant/appellant. Mr. Vikrant Thakur and Ms. Shivani Priya, Advocates, for respondents No.1 and 2. Ms Sharmila Patial, Additional Advocate General, for respondent No.3. Cr.MP(M) No. 623 of 2025 The applicant is son of deceased Champa Devi for whose murder, private respondents have faced the trial under Section 302 IPC read with other Sections. There is delay of 195 days in filing the appeal. After facing the trial, vide judgment dated 31st July, 2024, private respondents have been acquitted and as per information available as on date, the State has not preferred any appeal. It has been submitted on behalf of applicant that he was not associated with trial on each date and therefore, he was not aware about final judgment passed by the Trial Court on 31st July, 2024 and even after having knowledge of passing of judgment, he inquired about the appeal, if any preferred by the State and in these circumstances and for the reasons stated in application, delay of 195 days has occurred in filing the appeal. Considering the submissions made by learned counsel for applicant to be true and genuine, delay of 195 days in filing the appeal is condoned. Application is allowed and disposed of. Cr.MP(M) No. of 2025 (Cr.MP(M)ST No.944/2025) This application filed seeking leave to file appeal against the acquittal on behalf of victim is unwarranted as per the settled law as on date. Therefore, this application is disposed of being not pressed. Cr. Appeal No. of 2025 (Cr.AST No.942/2025)
Be registered. Notice. Mr. Vikrant Thakur, Advocate, appears and waives service of notice on behalf of respondents No.1 and 2 and Ms.Sharmila Patial, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.3. Admit. Record be requisitioned. List for hearing in due course after completion. Respondents No.1 and 2 are directed to furnish personal bond(s) in the sum of Rs.1 lac each with one surety each in the like amount to the satisfaction of Trial Court on or before 6th October, 2025 undertaking therein to appear in this Court as and when directed to do so and to receive any sentence which may be imposed on conclusion of appeal.
Bail bonds so furnished shall be transmitted by the Trial Court to this Court for placing the same on record. (Vivek Singh Thakur)
Judge August 29, 2025
(Sushil Kukreja)
(ms)
Judge