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2012 Supreme(Del) 2840

SANJIV KHANNA, S.P.GARG
State – Appellant
Versus
Nanhe Babu – Respondent


Advocates:
For the State : Mr. Saleem Ahmed, ASC.
For the Respondent:Mr. Parven A. Siddiqui, Advocate.

JUDGMENT :

Sanjiv Khanna, J.

Crl.M.A.Nos.19746/2011 (delay) & 19747/2011 (delay in re-filing)

1. These are applications for condonation of 27 days and 46 days delay in filing and re-filing of the leave petition, respectively. Learned counsel for the respondent does not have any objection if the delay is condoned. In view of the statement, the applications are allowed and the delay in filing and re-filing of the application for leave to appeal is condoned.

2. The applications are disposed of.

CRL.L.P.597/2011

3. We have heard the learned counsel for the parties on this application for leave to appeal. We have also perused the trial court’s record. We are inclined to allow the application for leave to appeal. Let the appeal to be registered and numbered by the Registry.

4. Leave Petition is disposed of.

Crl.A.No. 894/2012

5. With the consent of the learned ASC for the State and learned counsel for the respondent, we take up the appeal for hearing and disposal today itself.

6. By the impugned judgment dated 18.04.2011 the respondent-accused - Nanhe Babu has been acquitted for the offence under Section 307 of Indian Penal Code (IPC for short) in Sessions Case No.259/2009 arising out of FIR 446/2











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