SUBHASH KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) Crl.M.A.48644/2018 (for condonation of delay in re-filing) For the reasons stated in the application, the application is allowed.

(2.) The allegations in the FIR are that the complainant, who was then aged about 90 years, for the last 13 years was being threatened by some persons on the pretext of having some photographs of the complainant in an objectionable situation and based on that they were extorting money regularly from him. It is alleged that the petitioner was one of the members of the said gang who were extorting money.

(3.) Learned senior counsel for the petitioner submits that the petitioner has been in custody since 15.01.2018 and has been falsely implicated. It is submitted that there is no material to connect the petitioner with the subject offence except for the bald and vague allegations that the petitioner was also involved. It is submitted that there is a gross unexplained delay of 13 years in making a complaint.