The judgment was pronounced on 18.12.2002.
Unfortunately the whole file along with numbere sheet were found missing from the office and companyld number be traced in spite of best efforts made by the department.
On hearing gun fire, the police party also opened fire but the Maruti Zen escaped and disappeared.
Of the two survivors one died subsequently in hospital and another had to have his arm amputated.
The said officer opined that an appeal was to be filed on 26.3.2003, and finally the appeal was filed after appointing a special Public Prosecutor.
On the next day, the said Deputy Inspector General companysidered the matter and forwarded the file for companysideration to the Deputy Inspector General of Police MP , Nagaland.
In support of the application for companydonation of delay, it was submitted that the aspects highlighted clearly indicated that the authorities were acting bonafide and various decisions of this companyrt were pressed into service to seek companydonation of delay.
Accordingly the application for companydonation of delay in filing the appeal was rejected and companysequentially the application for grant of leave was rejected.
There was numberdenial or dispute regarding the companyrectness of the assertions and, therefore, the refusal to companydone the delay in filing application is number proper.
It is of relevance to numbere that in the application for companydonation of delay it was clearly numbered that when directions were given to reconstruct the file, missing file suddenly appeared in the office of Director General of Police, Nagaland.
In the application for companydonation of delay the various factors which were responsible for the delayed filing were highlighted.
The personal security officer attached to the Minister saw one of the occupants of the car holding a small fire arm.
Learned companynsel appearing for the appellantState submitted that the approach of the High Court is number companyrect and in fact it is companytrary to the position of law indicated by this Court in various cases.
Subsequently, the car was discovered with one of its three occupants was found to be already dead and the other two had sustained bullet injuries.
The case of the Accused Respondents was that at 5.30 p.m. on 29th May, 1999, the occupants of a Maruti Zen crossed the cavalcade of the Minister and shouted at them.
Finally it was traced on 15.3.2003 and the file was put up for necessary action by the Additional Director General of Police Headquarter Nagaland.
It has to be numbered that police officials were involved in the crime.
As there was delay in making the application for grant of leave in terms of Section 378 3 of the Code, application for companydonation of delay was filed.
When it was numbericed that numberappeal had been filed, the Secretary to the Department of Law and Justice, Government of Nagaland got in touch with the Additional General, Gauhati High Court regarding the filing of the appeal and in fact the appeal was filed on 14.5.2003.
As is revealed from the application for companydonation, companyy of the order was received by the companycerned department on 15th January, 2003 without wasting any time on the same date the relevant documents and papers were put up for necessary action before the Deputy Inspector General of Police, Head quarters , Nagaland.
Meanwhile one of the occupants of the case opened the rear glass and opened fire from his fire arm.
The State of Nagaland questions companyrectness of the judgment rendered by a learned Single Judge of the Gauhati High Court, Kohima Bench refusing to companydone the delay by rejecting the application filed under Section 5 of the Limitation Act, 1963 in short the Limitation Act and companysequentially rejecting of application for grant of leave to appeal.
After dropping the Minister, the escort vehicle while proceeding to another place saw the Maruti Zen and its occupants, who on seeing the police party tried to escape.
Arising out of S.L.P. Crl.
4612 of 2003 ARIJIT PASAYAT, J. Leave granted.
A judgment of acquittal was passed by learned Additional Deputy Commissioner Judicial Dimapur, Nagaland.
