The Appellate Court dismissed a Government Appeal filed 13 years late. The court rejected a miscellaneous application seeking time to file a delay condonation affidavit, noting no proper Section 5 application had been filed since 2009.
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Court No. - 66
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 581 of 2009
Appellant :- State of U.P. Respondent :- Mange Ram Counsel for Appellant :- G. A.
Hon'ble Samit Gopal,J.
List revised.
Sri Ankit Srivastava, learned counsel for the State-appellant is present.
The appellant is reported to be beyond time by 204 days.
No delay condonation application was filed along with the appeal but an application dated 01.12.2009 titled as Criminal Misc. Application No. 348075 of 2009 stated to be under Section 5 of the Indian Limitation Act has been filed with the following prayer:-
"It is therefore, Most respectfully prayed that this Hon'ble Court may be pleased to grant one month time for filing affidavit in support of the application under Section 5 of the Indian Limitation Act in the present Government Appeal, for the ends of justice."
The perusal of the said application shows that it is not an application under Section 5 of the Indian Limitation Act but is a miscellaneous application seeking one month's time for filing affidavit in support of application under Section 5 of the Indian Limitation Act. The said application contains only two paragraphs which are quoted hereinbelow:-
"1. That there is some delay in filing of the aforesaid Government Appeal.
2. That it is therefore, expedient in the interest of justice that this Hon'ble Court may be pleased to grant one month time for filing affidavit in support of the application under Section 5 of the Indian Limitation Act."
The two paragraphs of the said application also show that it is not an application under Section 5 of the Indian Limitation Act.
From the records, it transpires that since the year 2009 no proper application along with the affidavit has been filed for condonation of delay. No application for delay condonation application has been filed by the learned A.G.A. as yet.
This is a really careless attitude.
Since till date no proper application for condonation of delay and an affidavit has been filed and it has been about 13 years since the date of filing of the appeal, the present appeal is thus dismissed on the ground of latches which remains unexplained.
Accordingly, the present Government Appeal is dismissed. Order Date :- 28.9.2022 AS Rathore
(Samit Gopal,J.)
Digitally signed by ABHISHEK SINGH RATHOR Date: 2022.09.29 13:10:28 IST Reason: Location: High Court of Judicature at Allahabad
State of U.P.
Mange Ram
Samit Gopal
As recorded by the court registry
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