STATE Vs. PARTAP TAKWAL

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act read with Section 482 Cr.P.C. made on behalf of the State seeking condonation of 46 days delay in filing the appeal and application for leave to appeal against the order of acquittal dated 13.6.2003 passed by learned Metropolitan Magistrate, Delhi. The application has been made with the averments that the concerned APP after examination of the impugned judgment on 26.7.2003 opined for the first time that it was a fit case for appeal and forwarded the file to the Public Prosecutor through Chief Prosecutor/NE P.P. Delhi. After examining the reports of the APP and Chief Prosecutor/NE viewed the case as not sound on merit to be challenged in appeal and forwarded the file to the Secretary, Law and Judicial of NCT of Delhi on 27.8.2003 and after the matter was processed in the Law Department and at different levels, the file was sent back to the Director of Prosecution on 25.9.2003, who in turn forwarded the same to the Deputy Commissioner of Police for taking necessary action. Whereafter the matter was referred to the Public Prosecutor, Delhi High Court, who after completion of formalities, filed the appeal on 6.11.2003. It is stated that there was no intentional or deliberate delay on the part of the authorities and the delay had occurred on account of the processing of the matter by various functionaries at various stages.

(2.) The prayer is opposed on behalf of the respondent and a reply stands filed thereby refuting that there are any sufficient grounds for condonation of delay in filing the application for leave to appeal.

(3.) I have heard Ms.Mukta Gupta, learned standing counsel for the State and Mr.K.B.Andley, learned senior advocate appearing for the respondent and have bestowed my thoughtful consideration to their respective submissions. Learned standing counsel representing the State/applicant has sought support from a recent judgment of the Supreme Court in the case of State of Nagaland Vs. Lipok AO and others AIR 2005 SC 2191, where on a consideration of the facts and circumstances of that case, the Honb'le Court condoned the delay of 57 days in filing the appeal against acquittal. It was also laid down in the said judgment that certain amount of latitude in the cases related to the State is not impermissible owing to the special circumstances in regard to the processing of the matter. In that case it was alleged that the file in question was mis-placed for some time.