GOVT OF NCT DELHI Vs. DINESH KUMAR

JUDGEMENT

(1.) CRL. M.A. No. 13852/2010 This is an application by the petitioner/applicant seeking condonation of delay in filing the petition for leave to appeal on the ground that the certified copy of the impugned judgment dated 30th October, 2009 was applied and was received by the petitioner on 3rd December, 2009 and thereafter the matter was considered by different officials and it took some time because of which the petitioner for leave to appeal could not be filed within time.

(2.) THE applicant has given the details as to who had considered the file to decide whether a petition for leave to appeal was to be filed or not. THE petitioner has also relied on the decision of the Supreme Court in the State of Nagaland Vs. Lipok Ao, (2005) 3 SCC 752 and on Collector Land Acquisition Vs. Katiji 1987 (2) SCC 107 is support of their plea for condonation of delay in filing the petition for leave to appeal. THE petitioner/applicant, in the circumstances, has contended that there is sufficient cause for condoning the delay of 193 days in filing the petition for leave to appeal in law and in the facts and circumstances.

(3.) THE case as was put up by the prosecution is that an FIR No. 192/2008 was registered against accused Bhola Bhagat for committing an offence under Section 363 of IPC on the basis of complaint made by Smt. Runia Urao, alleging that her ten year old daughter named Aneema was kidnapped by him.