STATE (GNCT OF DELHI) Vs. SHAKEEL AHMED

JUDGEMENT

(1.) The State has approached this Court, by way of the above-captioned revision petition filed under Ss. 397/401 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], seeking setting aside of the order dtd. 9/2/2023, passed by the learned Additional Sessions Judge-02, North East District, Karkardooma Courts, Delhi [hereafter 'Sessions Court'], in case arising out of FIR No. 480/2020, dtd. 13/9/2020, registered under Ss. 302/307/120B/34 of Indian Penal Code, 1860 [hereafter 'IPC'] read with Ss. 25/27/54/59 of the Arms Act, 1959, at Police Station Dayalpur, Delhi. By way of the said order, the learned Sessions Court, while framing charges against co-accused persons, had discharged the respondent Shakeel Ahmed in the present FIR.

(2.) However, the present application under Sec. 5 of the Limitation Act, 1963 read with Sec. 482 of Cr.P.C. has been filed, seeking condonation of delay of 272 days in filing the present revision petition.

(3.) On the issue of condonation of delay, the learned APP for the State submitted that the State could not file the present petition before this Court within stipulated period, as the file pertaining to the present case had to pass through the various authorities, and after passing through various channels, the file of the case along with the opinion regarding the case being fit for challenging the impugned order, was sent to the Department of Law and Justice and Legal Affairs. It was stated that the acquittal report was prepared on 22/7/2023 and forwarded to the Chief Prosecutor, and after discussion with the learned APP, the Chief Prosecutor had forwarded the same. Thereafter, the Director of Prosecution had dealt with the file and had forwarded the same to Deputy Secretary, Law and Justice on 22/8/2023. It was further submitted that thereafter, the Legal Assistant and Sec. Officers had dealt with the file and the same was sent by Deputy Secretary to Special Secretary on 1/9/2023, who in turn had sent the file to Principal Secretary on 4/9/2023. The file was then sent to the Director of Prosecution on 6/9/2023. It is stated that the file was received in the Office of Standing Counsel (Criminal) on 11/9/2023 and thereafter the file was marked to the learned APP on 14/9/2023.