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2009 Supreme(Del) 334

REVA KHETRAPAL
MAYA RAM SHARMA – Appellant
Versus
STATE – Respondent


Advocates appeared:
None.
Mr.Manoj Ohri, APP for the State/R-1.
Mr.Sumeet Verma, Amicus Curiae for R-2.

JUDGMENT

REVA KHETRAPAL, J.

1. By way of this revision petition, the petitioner seeks setting aside and reversal of the order of acquittal dated 28.03.2002 passed by the learned Addl. Sessions Judge Shri D.C.Anand in Crl. Appeal No.7/2002 arising out of FIR No.295/98, under Sections 381/411 IPC, Police Station Vivek Vihar, Delhi and prays for condonation of delay in filing the petition by way of an application under Section 5 of the Limitation Act, being Crl. Misc.1137/2002.

2. First, the application for condonation of delay. There appears to be a delay of 101 days in the filing of this petition, which is sought to be justified by the petitioner on the ground that the State having refused to file an appeal against the order of acquittal, the petitioner/complainant had to seek the requisite permission from the State for impugning the order of acquittal passed by the learned Addl. Sessions Judge and the State's permission to file this petition was received by the petitioner on 09.10.2002, that is, after more than five months (about 158 days) and the petition was filed two days thereafter. The aforesaid explanation, in my view, justifies the delay in filing the petition, which is accor

























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