STATE OF UTTARAKHAND Vs. IQBAL @ BALA

JUDGEMENT

(1.) Delay condonation Application No.1055 of 2009 Perused the delay condonation application and supporting affidavit.

(2.) In para 2 of the affidavit, it is stated that impugned order was passed on 11.11.2005. In Para 3 therein it is stated that certified copy of the judgment was received by D.G.C. (Criminal), Dehradun on 29.11.2005. In para 5, it is stated that vide sanction letter dated 15.12.2005, direction was issued to file an appeal. In para 7, it is stated that file was received in the office of Government Advocate on 08.02.2006. Record reveals that appeal was in fact filed on 25.09.2009. On 13.10.2009, learned Brief Holder for the State sought time to file supplementary affidavit for explaining the delay after 08.02.2006. Supplementary affidavit was filed on 30.10.2009. I have perused the affidavit dated 30.10.2009. I find that there is also no explanation for delay in the filing the appeal. In both the affidavits and application, no explanation has been given for the period between 08.02.2006 to 25.09.2009. Appeal is hopelessly time barred. Application seeking condonation of delay in filing the appeal, therefore, is dismissed. Consequently, leave to appeal no.77 of 2009 and Government Appeal No.65 of 2009 also stand dismissed.

(3.) This is a very serious matter. Registrar General of this Court is directed to forward copies of this order to Secretary Law, Principal Secretary Home and Chief Secretary, Government of Uttarakhand for information and necessary action.