STATE Vs. VIJAY

JUDGEMENT

(1.) CRL.M.A. 19954/2012

(2.) THIS is an application filed by petitioner seeking condonation of 756 days delay in filing the present leave to appeal.

(3.) WE have examined the application seeking condonation of delay filed under Section 5 of the Limitation Act. It may be noticed that the impugned judgment was delivered on 30.08.2010 whereas the present leave to appeal has been filed on 23.11.2012. The application does not explain as to why a certified copy of the judgment was received on 23.10.2010 while the judgment was delivered on 30.08.2010. Moreover, as per this application, the office of the Public Prosecutor sent the file to the Department of Law, Government of NCT, Delhi, for opinion on 7.10.2010. There is also no explanation why the file was not sent after the judgment was delivered on 30.8.2010. Thereafter it has been stated that on 18.12.2010 the file was received by the Directorate of Prosecution from the Department of Law. There is also no explanation as to why for more than two months there was no action over the file. Again in para 6 of this application it has been stated that on 4.1.2011 the file was received by the SHO, Mangol Puri, for filing the appeal and the file was sent to the office of the Standing Counsel and thereafter the file was sent to the Office of Additional Standing Counsel in the first week of June, 2012. There is no explanation for the delay between 4.1.2011 and June, 2012. Similarly, it has been stated that the file was sent to the concerned DCP for vetting and signing of affidavits in the first week of July, 2012, and the same was returned in the last week of October, 2012. There is also no explanation for this delay as well. An additional affidavit, which has been filed, also in our view does not satisfactorily explain the delay in filing this leave to appeal.