IN THE SUPREME COURT OF INDIA

CRL MP. NO. OF 2019

IN

SPECIAL LEAVE PETITION (Crl) NO. 7485 OF 2017

IN THE MATTER OF:-

DEEPIKA ....PETITIONER

Versus

STATE OF HARYANA & OTHERS

.....RESPONDENTS

INDEX
SR.NO. PARTICULARS PAGES
1. CRLMP NO. OF 2019
APPLICATION TO SET ASIDE
THE ABATEMENT WITH RESPECT
TO RESPONDENT NO.2 WITH
AFFIDAVIT

2. CRLMP NO. OF 2019

APPLICATION FOR CONDONATION
OF DELAY
 IN THE SUPREME COURT OF INDIA

CRL MP. NO. OF 2019

IN

SPECIAL LEAVE PETITION (Crl) NO. 7485 OF 2017

IN THE MATTER OF:-
DEEPIKA ....PETITIONER

Versus

STATE OF HARYANA & OTHERS

.....RESPONDENTS

APPLICATION FOR CONDONATION OF DELAY

TO
THE HON’BLE CHIEF JUSTICE OF INDIA AND

HIS COMPANION JUSTICES OF THE SUPREME

COURT OF INDDIA

THE HUMBLE PETITION OF THE PETITIONER

ABOVE NAMED

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner herein had filed the instant

Special Leave Petition filed against the Final Judgment and

Impugned Order dated 25.07.2017 passed by the Hon’ble

High Court Punjab and Haryana in CRM No M-44923 of

2016 (O&M).

2. That the petitioner have filed the above said Special

Leave Petition and the contents thereof may be read as

part and parcel of the instant application and same are not

being reproduced for the sake of brevity.

3. That the petitioner had already filed an application

for bringing the legal representative of the respondent

no.2 on record as in the instant matter the respondent no

2 has died on 26.02.2018.

4. That the petitioner, by means of the present

application, seeks condonation of delay in filing application

on behalf of petitioner to bring legal representatives of

deceased respondent no 2 on record.

5. That the petitioner at the time of death of death of

the respondent no 2 was in Australia. That even family

member of the respondent no 2 did not directly informed

the petitioner about the death of the respondent no 2. The

petitioner came to know only when the son of respondent

no 2 had filed an application in trial court below to bring on

record the legal representative of respondent no 2.

Moreover it took a considerable time (on which the

petitioner had no control) for the petitioner to collect the

death certificate dated 26.02.2018 from the concerned

authority, which caused further delay.

6. It is submitted that a delay of _____ days which has

been caused in filing the above mentioned application is

neither deliberate nor intentional and has been caused due

to unavoidable circumstances.

7. The petitioner submits that it would be in the interest

of Justice, if the delay caused is condoned and the

 application for bringing the legal representative of the

respondent no.2 is heard on merits.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:

(a) Allow the present application and condone the delay of

_____ days in filing the application for bringing the legal
representative of the respondent no.2.
(b) Pass such other and further orders as this Hon’ble Court
may deem fit and proper.

THROUGH COUNSEL

PREETI SINGH,
Counsels for the Plaintiff,
13, Babar Road, Bengali Market,
New Delhi–110001,
Place: New Delhi Email: preetisingh1324@gmail.com,
Dated: 25.04.2019 (M): 9312411311, (O): 011-23312991
 IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRL MP. NO. OF 2019

IN

SPECIAL LEAVE PETITION (Crl) NO. 7485 OF 2017

IN THE MATTER OF:-

DEEPIKA ....PETITIONER

Versus

STATE OF HARYANA & OTHERS

.....RESPONDENTS

APPLICATION TO SET ASIDE THE ABATEMENT WITH

RESPECT TO RESPONDENT NO 2.

TO
THE HON’BLE CHIEF JUSTICE OF INDIA AND

HIS COMPANION JUSTICES OF THE SUPREME

COURT OF INDDIA

THE HUMBLE PETITION OF THE PETITIONER

ABOVE NAMED

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner herein are the instant petition for

Special Leave Petition filed against the Final Judgment and

Impugned Order dated 25.07.2017 passed by the Hon’ble

High Court Punjab and Haryana in CRM No M-44923 of

2016 (O&M).

2. That the petitioner have filed the abovesaid Special

Leave Petition and the contents thereof may be read as

 part and parcel of the instant application and same are not

being reproduced for the sake of brevity.

3. That the petitioner had already filed an application

for bringing the legal representative of the respondent

no.2 as in the instant matter the respondent no 2 has died

on 26.02.2018.

4. That the petitioner, by means of the present

application, seeks to set aside the abatement with respect

to respondent no 2.

5. The petitioner submits that it would be in the interest

of Justice, the application to set aside the abatement with

respect to respondent no 2 to be allowed and application

for bringing the legal representative of the respondent

no.2 is heard on merits.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:

(a) Allow the present application and seeks to set aside the

abatement with respect to respondent no 2.

(b) Pass such other and further orders as this Hon’ble Court

may deem fit and proper.

THROUGH COUNSEL

PREETI SINGH,
Counsels for the Petitioner,
13, Babar Road, Bengali Market,
New Delhi–110001,
Place: New Delhi Email: preetisingh1324@gmail.com,
Dated: 25.04.2019 (M): 9312411311, (O): 011-23312991
 IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRL MP. NO. OF 2019

IN

SPECIAL LEAVE PETITION (Crl) NO. 7485 OF 2017

IN THE MATTER OF:

Deepika …Petitioner

Versus

State of Haryana and Anr. …Respondents

AFFIDAVIT

I, Aruna Rani w/o Ashok Kumar, R/o H.No.253, Street

No.8, East Hussain Pura, Tehsil and District Amritsar, Punjab.
presently at New Delhi do hereby solemnly affirm and state as
under:
1. That I am the Power of Attorney holder of the
petitioner in the afore captioned matter and as such am well
acquainted with the facts and circumstances of the present
case, hence competent to swear this affidavit.

2. That I have read the accompanying for application for

condonation of delay of filing the application for substation;
and understood the contents thereof. The facts stated
therein are true and correct to the record of the case, which
I believe to be true.

3 That the Annexures filed herewith are true copies of

their respective originals.

VERIFICATION:

Verified at New Delhi on this the ____ of September,

2017. I, the abovenamed deponent, do hereby verify that
the contents of the above affidavit are true and correct to
my knowledge and beliefs. No part of it is false and nothing
material has been concealed therefrom.
 IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRL MP. NO. OF 2019

IN

SPECIAL LEAVE PETITION (Crl) NO. 7485 OF 2017

IN THE MATTER OF:

Deepika …Petitioner

Versus

State of Haryana and Anr. …Respondents

AFFIDAVIT

I, Aruna Rani w/o Ashok Kumar, R/o H.No.253, Street

No.8, East Hussain Pura, Tehsil and District Amritsar, Punjab.
presently at New Delhi do hereby solemnly affirm and state as
under:
1. That I am the Power of Attorney holder of the
petitioner in the afore captioned matter and as such am well
acquainted with the facts and circumstances of the present
case, hence competent to swear this affidavit.

2. That I have read the accompanying for application to set

aside the abatement with respect to respondent no.2; and

understood the contents thereof. The facts stated therein
are true and correct to the record of the case, which I
believe to be true.

3 That the Annexures filed herewith are true copies of

their respective originals.

VERIFICATION:

Verified at New Delhi on this the ____ of April, 2019. I,

the abovenamed deponent, do hereby verify that the
contents of the above affidavit are true and correct to my
knowledge and beliefs. No part of it is false and nothing
material has been concealed therefrom.