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DELHI HIGH COURT
HIMA KOHLI
State Thru C.B.I. – Appellant
Versus
R.P. Tiwari – Respondent


JUDGMENT

Hima Kohli, J. (Oral)

Crl.M.A. 13478/2006 (condonation of delay)

1. The present application is filed by the petitioner praying inter alia for condonation of delay of 180 days in preferring the accompanying criminal leave to appeal petition in respect of a judgment of acquittal dated 04.04.2006 passed by the Special Judge, New Delhi.

2. A perusal of the file shows that initially, the petitioner had filed a four paragraphs application to explain the delay of 180 days, which did not satisfy the Court. As a result, vide order dated 06.02.2009, the petitioner was directed to file an additional affidavit giving details in support of the averments made in para 3 of the application.

3. An additional affidavit dated 23.06.2009 has been filed by the petitioner with a copy to the other side. Reply thereto has also been filed by the counsel for the respondent. It is stated in the additional affidavit that the certified copy of the impugned judgment was applied for by the petitioner on 05.04.2006. Copy thereof was obtained on 15.04.2006 and submitted to the Sr.PP for his comments on 26.04.2006 whereafter, the file was submitted to the DIG, CBI on 20.05.2006. The period w.e.f. 20.

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