STATE OF U P Vs. SHRAWAN KUMAR

JUDGEMENT

(1.) THIS is an application under Section 378 (3)t Cr. P.C. for leave to appeal against the judgment and order dated 29.10.1992 passed by Sri R. N. Awasthi. Special Judge, Unnao in Criminal Trial No. 15/1991, under Section 3/7 E. C. Act, P. S. Purwa District Unnao. On account of delay in filing of this appeal, an application under Section 5 of Limitation Art for condonation of delay has also been filed. At the time of the hearing of these applications Sri J. P. Singh,' the learned counsel for the accused/respondents appeared and opposed both the applications.

(2.) I have heard Sri Abdul Mateen, the learned Additional Public Prosecutor for the State as well as Sri J. P. Singh the learned counsel for the accused/respondents and perused the record. The learned Additional Public Prosecutor had contended that the delay in filing of the application for leave to appeal has been fully explained in the affidavit of Sri Ganga Prasad and as such, the application for condonation of delay be allowed.

(3.) IN the present case it is established that the delay occurring prior to the expiry of the limitation has not been explained at all and the delay committed after the expiry of the limitation for over a year, has also not been explained. The delay committed in the office of the Government Advocate or in the office of the District Magistrate Unnao, has also not been explained at all. Therefore, there is no question of condonation of delay in filing of appeal. The application under Section 5 of Limitation Act is, therefore, rejected.