STATE OF NCT OF DELHI Vs. VIPIN

JUDGEMENT

(1.) Vide the present application, the applicant/petitioner seeks condonation of 4998 days' delay in filing the present Criminal Leave Petition against the impugned Judgment dtd. 18/9/2019 passed by Dr. Neera Bharihoke, learned Additional Sessions Judge-06, South-East Saket Courts, Delhi in FIR No. 217/2008 registered under Ss. 302 and 34 of the Indian Penal Code, 1860 at Police Station Sangam Vihar, New Delhi, wherein the learned Trial Court dismissed the case of the prosecution by holding that the appellant/prosecution has not been able to prove its case against the respondent/accused person beyond reasonable doubt.

(2.) Pertinently, the appeal against the impugned Judgment dtd. 18/9/2019 was to be filed within the statutory period of 90 days.

(3.) Upon hearing learned Additional Public Prosecutor for the appellant/State and on perusal of the present application, this Court finds that the file of the present case was marked on 26/11/2019 to the then learned Public Prosecutor who in consultation with the Additional Public Prosecutor gave his opinion that it was not a fit case for appeal, thereafter, the file was marked to learned CP on 30/11/2019. On 3/12/2019, learned CP did not agree with the report of learned Public Prosecutor and held it to be a fit case for appeal. The matter was discussed by learned CP, DoP with learned Additional Public Prosecutor and learned CP opined that it was a fit case for appeal.