Rameshwar Singh Malik, J.—

The instant application under Section 378 (4) of the Code of Criminal Procedure ( Rs.Cr. P. C. ' for short), has been filed by the applicantcomplainant, seeking leave to file appeal against the impugned judgment dated 24.12.2010 passed by the learned Special Judge, Gurdaspur, whereby the accused-respondents were acquitted of the charge framed against them. The applicant has also filed Crl. Misc. No. 25117 of 2011 under Section 5 of the Limitation Act, seeking condonation of delay of 37 days in filing the application under Section 378(4) Cr. P. C. Before proceeding further, it is pertinent to note at the very outset that during the pendency of this application, Gajinder Kumar Vohra (respondent No. 1) died on 17.12.2011. An affidavit of Navjot Singh, Deputy Superintendent of Police City, Gurdaspur, was filed with a request for placing on record the death certificate of Gajender Kumar Vohra-respondent No. 1 and the same was taken on record. When the case came up for hearing on 18.7.2012, the application for grant of leave to file appeal and also the application for condoning the delay of 37 days in filing the application under Section 378 (4) Cr. P. C. were o

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