Delhi High Court - Orders
State vs Rakesh @Nanha & Ors on 9 July, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Amit Sharma
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 20/2021 & CRL.M.A. 1989/2021
STATE .....Petitioner
Through: Mr. Mukesh Kumar APP (M:
9313007949).
versus
RAKESH @NANHA & ORS. .....Respondents
Through: Mr. Fuzal Ahmad Ayyubi, Mr. Ibad
Mustaq, Ms. Akansha Rai, Mr. Hamad
Tariq & Ms. Gurneet Kaur, Advocates
for R-3.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
ORDER
% 09.07.2024
1. This hearing has been done through hybrid mode. CRL.M.A. 1989/2021 ( for delay)
2. This is an application filed by the State under Section 5 of the Limitation Act read with 482 of the Cr.P.C. seeking condonation of delay in filing of the present appeal. The appeal challenges the impugned judgement dated 25th November, 2019 passed by ld. ASJ-02, Patiala House Courts in FIR No. 121/2013 under sections 302/201/212/482/120B/420/468/471/34 IPC and under sections 25/27/54/59 of the Arms Act, registered at PS Vasant Kunj (South). Vide the said judgement the Respondents were acquitted.
3. The State has filed its Leave Petition on 8th February, 2021. in view of the decisions in In Re: Cognizance for Extension of Limitation [Suo Moto Writ Petition (C) No. 3 of 2020, Order dated 10th January, 2022] and Arif This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2024 at 23:55:15 Azim Co. Ltd. v. Aptech Ltd., (2024 SCC OnLine SC 215), the period between 15th March, 2020 to 28th February, 2022 would be liable to be excluded. Considering that most of the period during which the appeal was not filed, was excluded due to the Covid-19 pandemic the Court is inclined to condone the delay in filing of the appeal.
4. The delay is accordingly condoned.
5. Application is disposed of.
CRL.L.P. 20/20216. List this petition for consideration of grant of leave to appeal on 10th September, 2024.
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
JULY 9, 2024 mr/ks/PC This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2024 at 23:55:15