IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION(CRL.) NO. …….. OF 2023

IN THE MATTER OF:-

Central Bureau of Investigation …Petitioner

Versus

Shri T. Narayanappa & Ors. …Respondents

AN APPLICATION SEEKING CONDONATION OF DELAY IN FILING

THE PRESENT SLP

TO,
THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF THE

SUPREME COURT OF INDIA AT NEW DELHI;

THE HUMBLE PETITION OF THE

ABOVE NAMED PETITIONER;

MOST RESPECTFULLY SUBMITS AS UNDER:-

1. The Petitioner is filing the present Petition under Article 136 of the

Constitution of India against the common impugned final judgment and order

dated 29.10.2022 passed by the Hon’ble High Court of Karnataka at Bangalore

in Criminal Appeal No(s). 155, 225 & 226 of 2011, whereby the Hon’ble

High Court has allowed the said appeals. The said order passed by the Hon’ble

High Court is erroneous and bad in law and is liable to be set aside.
2. That, the contents of the main Petition are not repeated herein

for the sake of brevity and the same may be taken as part and

parcel of this application.

3. That there is a delay of ___ days in filing the Special Leave

Petition which is neither deliberate nor intentional but on

account of execution and performance of works and

responsibilities in the Government Department by various

officers at different stages as part of procedural norms,

conventions and rules which are absolutely unavoidable at the

time of filing of the Special Leave Petition.

4. That, therefore the reasons for delay in the filing the Special

Leave Petition are mentioned herein chronologically.

Date Event

29.10.2022 The Hon’ble High Court of Karnataka at

Bangalore, vide order dated 29.10.2022 allowed

Criminal appeal Nos. 225, 155 & 226 of 2011

15.11.2022 The certified copy of the judgment dated

29.10.2022 was received by the department

17.11.2022 That the comments regarding proposal to prefer

SLP was received from the Retainer Counsel

The comments of the department/Branch on the

18.11.2022
 order passed by the Hon’ble High Court was
forwarded to the Joint Director & Head of Xone,
recommending for filing of SLP.

The Joint Director & Head of \Zone, Hyderabad

19.11.2022
zone has forwarded the comments of Ld. Deputy
Law Advisor.

That the LD. DLA offered his comments for the

22.11.2022
purpose for filing the Special Leave Petition.

That the Joint Director & Head of Zone,

28.11.2022
Hyderabad zone forwarded his comments for the
purpose of filing the Special Leave Petition to the
Addl. Director, CBI, HO, New Delhi.

The Addl. Director, CBI, marked the filed to the

29.11.2022
Director of prosecution of comments.

The Director of Prosecution marked the file to

30.11.2022
the Adll. Legal Advisor, CBI, for his legal opinion.

The Addl. Legal Advisor CBI gave his opinion

01.12.2022
about the filing of SLP.

The Director of Prosecution, CBI forwarded his

02.12.2022
comments to the Addl. Director, CBI, for the
purpose of filing of SLP.

The Addl. Director (DCJ), CBI agreed with the

05.12.2022
proposal of the Director of Prosecution for
filing the SLP and forwarded to the Director,
CBI, HO, New Delhi.

The Director, CBI, HO, New Delhi approved the proposal

12.12.2022
 for the purpose of filing the SLP.

CBI, ACB, Bangalore sent the proposal to the

15.12.2022
Addl. Secretary (S & V), DP&T, New Delhi for
approval for filing the SLP.

The Addl. Solicitor General of India gave his

27.01.2023
opinion and sent the file to CAS for the
preparation of draft the SLP.

The said file has been received by the CAS.

15.02.2023

The Joint Director & Head of Zone has

21.02.2023
received the draft SLP.

The fair SLP along with connected documents

22.02.2023
forwarded to CAS for the purpose of filing.

Hence the SLP filed before this Hon'ble Court.

1. That if the delay as explained hereinabove is not condoned,

substantial prejudice would be caused to the Petitioner and to
public interest. On the other hand, no prejudice would be
caused to the Respondents if the aforesaid delay is condoned.
2. That the aspects highlighted above clearly indicate that the

authorities were acting bonafide and the delay in filing the

present Special Leave Petition is not deliberate and willful

but for the reasons mentioned above. Therefore, if delay is

condoned and the matter is decided on merits, no prejudice

 will be caused to anyone. If delay is not condoned the

petitioner would be put to great hardships and irreparable

loss.

3. That the present application is therefore bone fide and in the

interest of justice.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may

kindly be pleased to:

(a) Condone the delay of ____days in filing the present Special

Leave Petition against the common impugned final
judgment and order dated 29.10.2022 passed by the Hon’ble High
Court of Karnataka at Bangalore in Criminal Appeal No(s). 155, 225 &
226 of 2011; and/or
(b) Pass any other order/orders that this Hon’ble Court may
deem fit and proper in the facts and circumstances of this
case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN
DUTY BOUND SHALL EVER PRAY.
FILED BY:
Drawn on: RAJEEV RANJAN
Filed on: Mr. A. K. SHARMA
New Delhi ADVOCATE FOR THE PETITIONER