KAJU SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal under Sec. 372 of Criminal Procedure Code, 1973 (in short 'Cr.P.C.'), has been instituted by the informant being Kaju Singh son of Balram Singh against the judgment and order dtd. 15/7/2011 passed by Addl. Sessions Judge, Court No. 5, District Banda, passed in S.T. No. 70 of 2008, under Ss. 302, 201 IPC arising out of Case Crime No. 281 of 2007, and S.T. No. 71 of 2008, under Sec. 25/4 Arms Act (State Vs. Munna Singh alias Karan) arising out of Case Crime No. 15 of 2008, Police Station. Bisanda, District Banda, whereby learned trial court has acquitted the accused, who is respondent-opposite party no.

(2.) This appeal was presented before this Court accompanied with a delay condonation application on 26/9/2011, and on 23/8/2012, this Court proceeded to pass the following order: - 223/8/2012 Heard learned counsel for the appellant, learned AGA and Sri V.B. Rao, counsel appearing on behalf of the accused respondent. This application has been filed with a prayer to condone the delay in filing the appeal. The grounds taken for condoning the delay had not been controverted by the accused respondent because no counter affidavit has been filed. This appeal has been filed beyond the period of limitation by 9 days. Sufficient cause has been shown to condone the delay in filing the appeal. Therefore, the delay in filing the appeal is hereby condoned. The appeal shall be deemed to be filed within the period of limitation. Office is directed to allot regular number to this appeal. Accordingly, this application is allowed. Heard learned counsel for the appellant, learned AGA and Sri V.B. Rao, counsel appearing on behalf of the accused respondent. Learned counsel for the appellant prays for and is granted three weeks' time to file an application for granting leave to appeal. Summon the lower court record within a period of six weeks from today. List on 18/10/2012 for admission.

(3.) Thereafter on 30/10/2012, 10/12/2012, 16/1/2013, 25/8/2021, and lastly on 9/5/2022, the following orders were passed:- 30/10/2012 Learned counsel for the appellant is not present. In this case lower court record has been summoned on 23/8/2012 but the same has not been received. List on 10/12/2012. 10/12/2012 The learned counsel for the appellant is not present. In this case lower court record has been summoned, the same has not been received. 3The office is directed to send reminder to the District Judge, Banda for sending the lower court reocrd within a month. List on 16/1/2013. 16/1/2013 Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and Sri V.B. Rao appearing on behalf of the accused respondents. In this case lower court has not been received whereas the reminder has been sent to learned Sessions Judge, Banda on 10/12/2012. List on 25/2/2013. 25/8/2021 Put up on 15/9/2021 in the additional cause list before the appropriate Bench. 9/5/2022 Matter is taken up. None appeared on behalf of the appellant. Learned A.G.A. on behalf of the State is present. Today accused respondent is also not represented by any counsel nor he appeared in person before the Court. Appeal is yet to be admitted. In the circumstances, list this matter in the week commencing 4/7/2022 for hearing on admission. If on the next date fixed none will appear on behalf of the appellant Court will proceed to decide the matter appointing Amicus Curiae/with the help of the learned A.G.A.