Syed Shahid Yousuf v. National Investigation Agency

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 534/2019 SYED SHAHID YOUSUF ..... Appellant Through Ms.

Rebecca M.

John, Senior Advocate along with Mr.

Rajat Kumar and Ms.

Megha Bahl, Advocates.

versus NATIONAL INVESTIGATION AGENCY ..... Respondent Through Mr. Amit Sharma, SPP, Mr. U.M.

Syed, Sr.PP along with Mr. Shubham and Dey. S.P. Nagpal and Mr. R.K.

Pandey, IO.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 15.07.2019 Crl. M.A. No.8441/2019 (delay) The present application under Section 482 of the Code of Criminal Procedure, 1973 read with Section 21 of the National Investigation Act, 2009, filed on behalf of the applicant/appellant, seeks condonation of delay of 35 days in filing the accompanying appeal. Issue notice.

Mr. Amit Sharma, learned Special Public Prosecutor accepts notice on behalf of the non-applicant/respondent and fairly does not oppose the application.

In view of the circumstance that the applicant/appellant is incarcerated and for the reasons stated in the application, which are duly supported by an affidavit, the application is allowed. The delay of 35 days in filing the accompanying appeal is condoned.

The application is disposed of accordingly.

CRL.A. 534/2019 After some arguments, Ms. Rebecca M. John, learned Senior Counsel appearing on behalf of the appellant, on instructions, seeks leave to withdraw this appeal, at this stage, with liberty to file a fresh application before the concerned Trial Court, after the stage of charges pending adjudication before the Special Judge, National Investigation Agency (NIA). Leave and liberty granted.

The appeal is dismissed as withdrawn and disposed of accordingly. Needless to state that, it is hoped and expected that the Special Judge, National Investigation Agency, shall endeavour to proceed with the matter expeditiously, in accordance with law.

SIDDHARTH MRIDUL, J BRIJESH SETHI, J JULY 15, 2019 RS