- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.684 OF 2008 APPLICATION NO.684 OF 2008 APPLICATION NO.684 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.4247 OF 2008 APPLICATION NO.4247 OF 2008 APPLICATION NO.4247 OF 2008 Ms Kavita Mahadeo Prasad Srivastava ...Applicant vs. Manoj Hariprasad Mathu & Others ...Respondents Mr.M.S.Prasad for the applicant Mr.M.P.Vashi for Respondent Nos.1 to 3 Ms A.T.Javeri A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 1,2009 : APRIL 1,2009 : APRIL 1,2009 P.C.: P.C.: P.C.: 1. Heard learned counsel for the applicant and the learned counsel for the first to third respondents. There is a delay in filing the application under sub section 4 of section 378 of the Code of Criminal Procedure,1973. The impugned order was passed on 9th January 2008 and an application for certified copy was made immediately. The certified copy of the impugned order was ready on 14th February 2008. The application for leave has been filed on 5th September 2008 and therefore, it is pointed out that the delay is of 187 days. 2. The ground on which delay is sought to be explained is that father of the applicant was seriously ill and was admitted in the hospital and being the elder daughter of the father, the applicant was required to attend to her father. - 2 - 3. The application for condonation of delay is strongly opposed by the learned counsel for the first to third respondents. He pointed out that no material particulars such as the date on which the father of the applicant was admitted in the hospital have been mentioned. He pointed out that even the name of the hospital has not been mentioned. It is stated that the applicant has falsely stated that she is elder daughter of her father and in fact she is younger daughter of her father. He pointed out that the applicant is employed with Unit Trust of India and the enquiries made by the first respondent revealed that during the period when her father was allegedly ill, she was regularly reporting to her duty. He also submitted that there is no merit in the application for leave. 4. I have considered the submissions. So far as merits of the application for leave are concerned, the same will have to be examined when the application for leave is placed for admission. 5. As far as delay is concerned, it will be necessary to refer to paragraph 3 of the application which reads thus : "3. It is not necessary to burden the present application with several other details leading to the filing of the same in this Hon’ble Court, suffice it to say that the - 3 - applicant could’t file this appeal due to serious illness of her father Mr.Mahadevo Prasad Shrivastava who was admitted in ICCU at Vashi. The applicant states that being an elder daughter of Mr.Mahadev Prasad Srivastava she has to look after her father who was seriously admitted in ICCU. The applicant states and submits that due to impact of serious sickness her father Mr.Mahadev Prasad lost his memory which has also added burden on the applicant and also due to which the applicant couldn’t concentrate on other important activities and the impugned order further saddened the applicant and the aplicant became absolute broke down. The applicant states and submits that gradually she learnt from her ailing father and gather encourage to fight out which are coming in her way." 6. The delay is of 187 days in challenging the order of acquittal passed by the learned Magistrate where offence alleged against the accused is under section 498-A of the Indian Penal Code. The Apex Court has repeatedly held that a liberal approach is contemplated while dealing with an application for condonation of delay. Taking overall view of the matter a case is made out for condonation of delay. Accordingly, application is allowed. Application for leave shall be placed for admission on 22nd April 2009. - 4 - JUDGE JUDGE JUDGE