STATE Vs. LAKHPATI LAL

JUDGEMENT

(1.) Heard Mr. Amit Bhatt, Additional Government Advocate for the appellant. None is present for the respondent.

(2.) The present delay condonation application has been filed by the State for condoning the delay in filing the present appeal. The notice u/s 5 of the Limitation Act were issued to the respondents on 2.5.2005, but the notices were received unserved. Thereafter, State was given enough time for furnishing the correct address of the respondent, but the same has not been filed till today. Today, learned Additional Government Advocate for the State has submitted that whereabouts of the respondent are not known and in this regard a report has been received from District Magistrate, Tehri Garhwal telling the fact that the respondent is missing from his village since 2004.

(3.) I have perused the delay condonation application. There is delay of 36 days in filing the present leave to appeal. The delay is sufficiently explained in the affidavit accompanying the application. The application is allowed. Delay is condoned.