IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 905-MA of 2010(O&M) Date of Decision: October 28, 2010. Union Territory of Chandigarh ...... PETITIONER(s) Versus Rajesh Sharma and another. ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Kulbir Dalal, Advocate for Mr. Hemant Bassi, Advocate for the applicant-appellant. ***** RAM CHAND GUPTA, J.(Oral) The present application and appeal have been filed under Section 378(3) of Code of Criminal Procedure for granting Leave to Appeal against the judgment of acquittal dated 29.08.2008 passed by learned Chief Judicial Magistrate, Chandigarh. Heard. There is delay of 587 days in filing the present appeal. An application has been filed under Section 5 of the Limitation Act for condonation of delay in filing the present appeal. The only ground taken in the application for condonation of delay of 587 days in filing the present appeal, is as under:- CRM No.905-MA of 2010 “That after the passing of the impugned judgment, the certified copy was taken and the file was taken up at various levels in the Government. Due to this process, the delay of 587 days has occasioned.” The application is accompanied by affidavit of Shri N.S.Shekhawat, Additional Public Prosecutor. However, the application is not accompanied by affidavit of concerned officer/official of the concerned department. It is a very vague application. It has not even been mentioned as to at what level and for which period the file remained pending. Hence, what to talk of sufficient ground, no ground is made out for condonation of delay of 587 days in filing the present appeal. Hence, the present application for condonation of delay is, hereby, dismissed. Consequently, the present appeal is also dismissed as having not been filed within specified period of limitation. ( RAM CHAND GUPTA ) October 28, 2010. JUDGE 'om' 2