STATE OF U.P. Vs. MANISH PRATAP SINGH

JUDGEMENT

(1.) Heard Sri S.N. Tripathi, learned A.G.A. for the appellant-State of U.P. on Criminal Misc. Delay Condonation Application No. 342994 of 2014 and perused the affidavit filed in support of this application.

(2.) It is averred in the affidavit that vide Government Order dated 14.7.2014 the proposal for filing the appeal against the judgment and order of acquittal dated 30.5.2014 was received in the office of Government Advocate by special messenger on 6.8.2014 and the limitation for filing the appeal was up to 1.9.2014; that the application for leave to appeal along with memo of government appeal was prepared in the month of August, 2014 but due to time taken in getting the certified typed copy of the judgment in his office which was ultimately received on 14.9.2014 and by that time the limitation for filing the present government appeal i.e. 1.9.2014 had already been expired; that in such an eventuality the government appeal could not have been filed before the Court, hence, in these circumstances, delay may be condoned.

(3.) Cause shown for delay in filing the government appeal is sufficient. Delay is condoned and the delay condonation application is allowed.