NATHOO RAM Vs. RAJA BABU TRIPATHI

JUDGEMENT

(1.) -This is an application by Raja Babu Tripathi, under Section 5 of Limitation Act, in criminal appeal under Section 378 (4), Cr. P.C., in connection of judgment in Sessions Trial No. 49 of 2006, State of U. P. v. Raja Babu and others, under Sections 323, 504, 506, I.P.C. and 3 (i) (x) S.C. and S.T. Act. The trial Sessions Judge, acquitted the accused opposite party.

(2.) THE complainant has, therefore, come here and has filed application to permit him to file the appeal and this application to condone the delay of 195 days involved in filing the leave to appeal application.

(3.) FROM the copies of the medical prescription filed, it cannot be said that the applicant was not able to even contact his lawyer for filing the application/appeal. The ground of illness brought forward is fragile and flimsy and consequently unacceptable. There is no Medical Certificate from the side of the petitioner that for 195 days he was not in a position even to contact his lawyer or to take other steps for filing the application for grant of leave for filing the appeal and in the absence of the same stray prescriptions from a doctor cannot be deemed sufficient. There is thus long and properly unexplained delay and the application under the Limitation Act should not, therefore, be allowed.