STATE OF DELHI Vs. RAM PARKASH GUPTA
HIGH COURT OF DELHI
RAM PARKASH GUPTA
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(1.) By this order I shall dispose of an application for condonation of delay, being Crl.M.A.241/2004, under section 5 of Limitation Act read with section 482 Cr.P.C. filed by the appellant along with an application for leave to appeal, being Crl.L.P.7/2004
(2.) The appellant sought to prefer an appeal against the order dated 23.3.2000 acquitting the respondents in a case of food adulteration. It is stated that there was a delay of 45 days in filing the appeal. After the appeal was filed on 1.11.2000, the Registry raised certain objections and the file was collected back in order to remove the objections. However, the file got mixed up with other files lying in the office of standing counsel and the same could only be traced in the last week of June 2003 while sorting out other files and there was a delay of 2 years 8 months and 12 days in re-filing the appeal. It is submitted that the delay in filing and re-filing the appeal was neither intentional nor deliberate. It is further submitted that the Court should not look into the technicalities of law and only substantial justice should be done.
(3.) After receipt of application for leave to appeal and application for condonation of delay, record was sought from the trial Court in respect of the case and this Court was informed that the record had been destroyed on 8.6.2004 by the Judicial Officer posted in record room (Sessions). A copy of Goshwara Register showing destruction of trial court record, has been filed.;
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