THE STATE (GNCT OF DELHI) vs SHAKEEL AHMED @ DURRANI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 29.01.2025 + CRL.REV.P. 302/2024 THE STATE (GNCT OF DELHI) .....Petitioner Through: Mr. Naresh Kumar Chahar, APP for the State, with Insp Pankaj Gulliya. versus SHAKEEL AHMED @ DURRANI .....Respondent Through: Mr. M.A. Inayati & Mr. Shoaib Khan, Advocates. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J CRL.M.A. 6955/2024 (For Condonation of Delay) 1. The State has approached this Court, by way of the above- captioned revision petition filed under Sections 397/401 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟], seeking setting aside of the order dated 09.02.2023, passed by the learned Additional Sessions Judge-02, North East District, Karkardooma Courts, Delhi [hereafter „Sessions Court‟], in case arising out of FIR No. 480/2020, dated 13.09.2020, registered under Sections 302/307/120B/34 of Indian Penal Code, 1860 [hereafter „IPC‟] read with Sections CRL.REV.P. 302/2024 Page 1 of 7 Signature Not Verified Digitally Signed By:AANCHAL TAGGAR Signing Date:29.01.2025 18:49:39 25/27/54/59 of the Arms Act, 1959, at Police Station Dayalpur, Delhi. By way of the said order, the learned Sessions Court, while framing charges against co-accused persons, had discharged the respondent Shakeel Ahmed in the present FIR. 2. However, the present application under Section 5 of the Limitation Act, 1963 read with Section 482 of Cr.P.C. has been filed, seeking condonation of delay of 272 days in filing the present revision petition. 3. On the issue of condonation of delay, the learned APP for the State submitted that the State could not file the present petition before this Court within stipulated period, as the file pertaining to the present case had to pass through the var