STATE OF RAJASTHAN versus CHANDA@ CHANDKORI AND ORS

The cryptic order by the High Court dismissing the application for leave to appeal against acquittal without reasons was unsustainable; delay of 260 days in filing was condoned due to peculiar facts and circumstances.

Source-derived case information.

Parties: Appellant: State of Rajasthan; Respondents: Chanda @ Chandkori and Ors
Jurisdiction: India
Judgment Date: 24 September 2007
Procedural Posture: Criminal Appeal / Supreme Court Appeal Against High Court Order Rejecting Leave to Appeal Against Acquittal
Outcome: appeal allowed
Legal Topics: Leave to Appeal, Condonation of Delay, Procedure for Appeals Against Acquittal

Criminal Law Constitutional Law Leave to Appeal Condonation of Delay Procedure for Appeals Against Acquittal

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

State of Rajasthan

Appellant

Chanda @ Chandkori and Ors

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Order Rejecting Leave to Appeal Against Acquittal

Legal Issues

1 Whether the High Court's cryptic order rejecting leave to appeal against acquittal was valid
2 Whether delay of 260 days in filing Special Leave Petition should be condoned

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Order of High Court dated 14th July 2005 is set aside
Matter remitted back to High Court for passing an order after showing due application of mind

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