Premium

‘524-day delay’: Chhattisgarh High Court junks state’s challenge against acquittal of accused

Chhattisgarh high court delay, 524-day delay appeal: Justice Sanjay Kumar Jaiswal refused to condone the delay in filing the petition/appeal by the state government merely on the ground of “departmental procedures”.

The court emphasised that the state must enhance its internal processes to prevent delays.The court emphasised that the state must enhance its internal processes to prevent delays. (Image generated using AI)

Chhattisgarh high court delay: While noting a delay of 524 days in filing appeal, the Chhattisgarh High Court recently dismissed the state government’s appeal against the acquittal order passed in favour of an accused.

Justice Sanjay Kumar Jaiswal refused to condone the delay in filing the petition/appeal by the state government merely on the ground of “departmental procedures”.

“This Court is not inclined to condone the long delay of about one and a half years, i.e., 524 days in filing the instant petition/appeal merely on the ground of ‘departmental procedures’,” the bench said while dismissing the state’s appeal.

Emphasising that the state must enhance its internal processes to prevent delays, the court said, “Moving forward, state entities must enhance their internal processes to prevent delays, thereby safeguarding governmental interests and upholding the sanctity of the legal system.”

The court was dealing with the state government’s appeal challenging the judgment of a magisterial court in Bilaspur acquitting the accused in a case registered under Sections 325 (voluntarily causing grievous hurt), 34 (common intention) of IPC.

The counsel for the state submitted that the delay in filing the appeal was due to departmental procedure. It was further submitted that the delay was bona fide and unintentional and therefore the state sought the condonation of delay.

The court referred to the Supreme Court observations where it had pointed out that long delays in filing appeals by the State, especially those caused by departmental procedure or office delays, cannot be routinely condoned.

Story continues below this ad

The court referred to the top court’s verdict in State of Madhya Pradesh v. Ramkumar Choudhary in which it had dismissed an appeal due to an excessive delay of 1,788 days.

“This judgment underscores the importance of administrative diligence and adherence to legal timelines, ensuring that the mechanisms of justice are not undermined by procedural lapses,” the high court said and refused to condone the delay. Accordingly, the appeal was dismissed.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

Latest Comment
Post Comment
Read Comments
Advertisement
Loading Taboola...
Advertisement
Advertisement
Advertisement