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High Court of Himachal Pradesh · body

2026 DAILYLAW 21159 (HP)

ATUL KUMARI v. STATE OF HP AND ANOTHER

CRMPM/827/2026 · 2026-08-24

Ranjan Sharma, Vivek Singh Thakur

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Atul Kumari vs. State of H.P. & Anr. CRMPM No.827 of 2026 24.08.2026 Present : Mr. Sameer Miyan, Advocate, vice Mr. M.A. Safee, Advocate, for the applicant. Mr. I.N. Mehta, Senior Additional Advocate General for respondent No.1. Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for respondent No.2. CRMPM No.827 of 2026 Learned counsel for the applicant submits that the applicant was not associated with or connected to day-to-day hearing of the trial and, therefore, the appeal against acquittal of respondent No.2 could not be filed within the period of limitation. After coming to know about the passing of judgment of acquittal in favour of respondent No.2, the applicant-appellant immediately took necessary steps for filing the appeal. Learned counsel for respondent No.2 submits that the day- to-day delay, as required to be explained in law, has not been explained. Taking into consideration the averments made in the application and the submissions made by learned counsel for the parties, we are of the opinion that delay in filing the appeal against acquittal deserves to be condoned. Accordingly, delay of 19 days in filing the appeal is condoned. Application stands allowed and disposed of. Cr.A.(A-DB) No._______ of 2026 [Cr.A.(A-DB) ST No.3130/2026] Be registered. Notice. Mr. I.N. Mehta, Senior Additional Advocate General and Mr. Karun Negi, Advocate, appear, waive and accept service of notice on behalf of respondent No.1 and respondent No.2, respectively. Record be requisitioned. List for consideration on 12.10.2026. CRMPM No._____ of 2026 [CRMPM ST No.3131/2026] Be registered. In view of the settled position of law, as on date, for filing an appeal by the complainant-victim, as provided under Section 413 of the BNSS, no application seeking leave to appeal is required to be filed. Accordingly, the application stands disposed of. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 24th August, 2026 (Pardeep)