Dr.Rajesh Kumar Maroo v. State Thr. CBI

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1205/2017 & CRL.M.A. 4914/2017 DR.RAJESH KUMAR MAROO ..... Petitioner Through:

Mr. Rajat Aneja & Ms. Chandrika Gupta, Advocates

Versus

STATE THR. CBI ..... Respondent Through:

Mr. Anupam S. Sharma, Special Public Prosecutor for CBI

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 20.05.2019 The orders impugned in this petition are of 14th December, 2016 & 16th February, 2017. Vide order of 14th December 2016, appellate court has condoned the delay in filing the appeal against acquittal of petitioner in RC-2(S)/96-DLI under Sections 468/109 & 471/420 of IPC titled as 'CBI Vs. Rajesh Kumar Maroo' .

Upon hearing and on perusal of impugned orders, I find no fault in the impugned order of 14th December, 2016 as the delay has been satisfactorily explained. So far as impugned order of 16th February, 2017 is concerned, I find that it puts burden on petitioner to produce roll number, year of examination, Board/Body which conducted examination way back in the year 1991. Although, impugned order records that CRL.M.C. 1205/2017

petitioner had sought time to produce aforesaid record but petitioner's counsel submits that petitioner is unable to produce the aforesaid record. In the facts and circumstance of this case, impugned order of 16th February, 2017 is modified to the extent that petitioner is relieved from producing the records as sought by appellate court and instead thereof, the appellate court is at liberty to obtain the above-referred record from the concerned Board/Body.

This petition and application are accordingly disposed of, in aforesaid terms.

(SUNIL GAUR) JUDGE MAY 20, 2019 p'ma CRL.M.C. 1205/2017