State of Rajasthan Through the Director General of Police, Rajasthan Police Headquarter, Jaipur v. Dhagla Ram Son of Shri Tila Ram
2017-11-01
GOVIND MATHUR, VINIT KUMAR MATHUR
body2017
DigiLaw.ai
JUDGMENT : 1. This appeal is barred by limitation from 174 days. 2. An application is preferred to have condonation of the same. No adequate reason therein is available to condone the delay. 3. As per the appellants, certified copy of the order impugned dated 09.01.2017 was obtained on 18.01.2017 and on 20.01.2017 the same was forwarded to the Police Headquarters with adequate opinion. The Police Headquarters on 27.04.2017 forwarded the record to Department of Home Affairs and that decided on 27.07.2017 to file an appeal. The Deputy Legal Remembrance, Police Headquarters then made contact with Additional Advocate General but certain documents were not available with him. Ultimately, after completing the record, the appeal was prepared and was presented on 01.09.2017 The facts stated above clearly indicates that the Police Headquarters as well as the Department of Home Affairs were not at all diligent about filing of the appeal. The Police Headquarters despite receiving copy of the judgment with legal opinion in the month of January, 2017 forwarded the record to the Department of Home Affairs on 27.04.2017 that is after a lapse of 3 months. The Department of Home Affairs too sit over the matter for good 4 months and then only decided to file appeal in the matter. The limitation for filing a special appeal as per the Rajasthan High Court Rules is of 60 days. The respondents must understand that all efforts should have been made by them for filing the appeal within the limitation prescribed except in the unavoidable instances. 4. In the case in hand, no reason sufficient is available on record to arrive at a conclusion that any circumstance was existing that cause the impediment for the appellants in filing the appeal. The application under Section 5 of the Limitation Act, hence is dismissed. In result, the appeal too is dismissed.