Automatic granting of delay condonation.
shakthivel
(Querist) 19 April 2012
This query is : Resolved
A Bangalore based Session Court had acquitted both the accused persons finding there4 was insufficient / no grounds to prosecute and punish them.
But the State Government preferred appeal after a lapse of about 4-5 months beyond the permisible time specified for appeal in the High Court. But the Judge at the High Court, automatically and even without bothering to hear the rewspondents had granted SLP by condoning the delay.
And now that there is a plesant news that the Hoble Supreme Court of India has stated that no special treatment be shown to govt. appeals and contrarily govt. appeals have to be treated at par with any other appeals.
Under these circumstances, can we seek remedy from the Hon`ble Sureme Court seeking tSC to quash admission of appeal by the High Court by grating condonation of delay. This case pertains to the year 2007 and now can we make use of the latest SC ruling and seek quashing of Admission of appeal in the High Court.
Expert opinioin from Criminology jurists prayed. Please help
Devajyoti Barman
(Expert) 19 April 2012
Order allowing appeal has attained finality now.
You have no option now.
The court is always generous while condoning the delay in appeals .
Raj Kumar Makkad
(Expert) 20 April 2012
Though your legal right to make an appeal against any action of high court in your case cannot be infringed and you are free to invoke it but the citation which you refer is not meant for your desire. The judgment ibid deals with some other type of matter.
There is no hope of any success in such matter.
Shonee Kapoor
(Expert) 20 April 2012
No remedy.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 21 April 2012
Supreme court says illegalities shall not allowed to exist on technical grounds like limitation. The ratio of judgment you are citing is squarely applicable your case. If the main appeal is still pending, you may approach SC.
