( 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, file