The State Represented By Inspector Of Police vs. Vinod Kumar @ Vinod

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 23235/2020

(Arising out of impugned final judgment and order dated 26-10-2018 in CRLA No. 519/2018 passed by the High Court Of Judicature At Madras)

THE STATE REPRESENTED BY INSPECTOR OF POLICE Petitioner(s)

VERSUS

VINOD KUMAR @ VINOD Respondent(s)

(FOR ADMISSION and I.R. and IA No.118346/2020-CONDONATION OF DELAY IN FILING and IA No.118349/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.118347/2020-EXEMPTION FROM FILING O.T.)

Date : 17-12-2020 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE HRISHIKESH ROY

For Petitioner(s) Mr. Jayant Muthraj, Sr. Adv.AAG Mr. M. Yogesh Kanna, AOR Mr. RajaRajeshwaran S. Adv. Mr. Aditya Chadha, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Applications for exemption from filing c/c of the

impugned judgment and official translation are allowed.

IA No.118346/2020-CONDONATION OF DELAY IN FILING

The impugned judgment was passed on 26.10.2018 and copy of the same is stated to have be received in December, 2018 by the petitioner State. It took them 13 months to decide to file a SLP.

We find that there has been gross negligence in handling of the matter and responsibility must be fixed. Since there is something to be said on the merits of the matter where a conviction has been reversed by the High Court in appeal, we are inclined to examine the merits of the case and thus allow the application subject to deposit of cost of Rs.25,000/- with the Supreme Court Employees Welfare Fund within four weeks from today and the cost be recovered from the officer responsible for the delay and certificate of recovery be also filed within the same period.

Application stands disposed of.

SPECIAL LEAVE PETITION (CRL.) Diary No(s). 23235/2020

Leave granted.

(CHARANJEET KAUR) (ANITA RANI AHUJA) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR