Limitation - Government departments cannot claim condonation of delay as a matter of right
Chhattisgarh High Court Denies Condonation of Delay in State's Appeal Against Acquittal. Government's 334-Day Delay in Filing Appeal Not Justified, Court Emphasizes Diligence Obligation
News Report: In a significant ruling, the Chhattisgarh High Court has denied the application for condonation of delay filed by the State in its appeal against the acquittal of Dinesh Yadav. The Court underscored the importance of government departments fulfilling their duties with diligence and dismissed the appeal due to an unjustified delay of 334 days.
The case, CRMP No. 2845 of 2025, was heard before Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, where Mr. Sanghrash Pandey, the Government Advocate for the petitioner, argued for condonation of the delay citing bureaucratic processes and departmental formalities as reasons for the postponement.
The Court highlighted that government entities cannot claim condonation of delay as a matter of right and are under a special obligation to perform their duties diligently. The judgment referenced previous Supreme Court rulings, including Postmaster General v. Living Media India Limited and State of Madhya Pradesh v. Ramkumar Choudhary, which stressed that condonation of delay should be an exception rather than the norm.
The Court found the State's explanation - centered around departmental procedures - insufficient to justify the delay. The judgment reiterated that events or circumstances arising after the limitation period cannot constitute sufficient cause for condoning the delay.
Ultimately, the Court decided against exercising its discretionary power to condone the delay, stating that the reasons provided lacked specificity and did not amount to a bona fide explanation. As a result, the Criminal Miscellaneous Petition for leave to appeal was rejected due to delay and laches.
The ruling serves as a reminder to government bodies of their responsibility to approach legal matters with urgency and efficiency, ensuring public resources and interests are safeguarded.
Bottom Line:
Government departments cannot claim condonation of delay as a matter of right; sufficient cause must be demonstrated to justify delay in filing appeals.
Statutory provision(s): Limitation Act, 1963 - Section 5, Criminal Procedure Code, 1973
State of Chhattisgarh v. Dinesh Yadav, (Chhattisgarh)(DB) : Law Finder Doc Id # 2777340
