The High Court dismissed the State's Government Appeal under Article 226 because the appellant was beyond the limitation period by 11 days. No proper application for condonation of delay with affidavit was filed, rendering the appeal barred by laches.
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Court No. - 66
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 583 of 2009
Appellant :- State of U.P. Respondent :- Firatu Rajbhar 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 11 days.
No delay condonation application was filed along with the appeal but an application dated 01.12.2009 titled as Criminal Misc. Application No. 248220 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 AGA 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 13:10:32 IST Reason: Location: High Court of Judicature at Allahabad
State of U.P.
Firatu Rajbhar
Samit Gopal
As recorded by the court registry
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