STATE OF U.P. Vs. KAMRUDDIN

JUDGEMENT

(1.) We have heard learned A.G.A. on the application, under Section 5 of the Limitation Act and incidentally we have also perused the judgment of trial court given by Additional District and Sessions Judge/Special Judge (S.C./S.T. Act), Bulandshahr dated 1.3.2013, acquitting the accused-respondents, under Sections 147, 148, 149, 307, I.P.C. in S.T. No. 11 of 2011, 11A of 2011, 24 of 2011, 25 of 2011, 26 of 2011, 27 of 2011 and 491 of 2011. They have also been prosecuted and acquitted under Section 4/25 of Arms Act.

(2.) We find that the Government appeal has been filed beyond time by 329 days. 30.5.2013 was the end of limitation. But the copy was applied for only after six months on 3.11.2013 and on 23.11.2013, a copy of the judgment was received. The proposal was sent after two months on 11.2.2014 and thereafter it was received only on 13.2.2014 by the High Court and on 18.2.2014 a letter was sent to the District Magistrate to swear an affidavit explaining the delay. Therefore there is no reasonable attempt at prompt filing of this Government appeal.

(3.) The trial Judge has given sound reasons for acquitting the accused-persons as nothing is said to have been recovered from the accused-persons in this incident and none was injured. We have also' expressed our concern that the State should not file Government appeals in a routine manner and the learned Government advocate and his team are directed to examine the case as to whether it is a fit case for approaching the High Court as there are 14469 Government appeals presently pending in the High Court and their number is increasing day by day. We therefore, see no good ground to either issue notice to the accused-respondents or to condone the delay.