HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 571 of 2010 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri V.D. Ojha, learned counsel for the State/appellant and perused the record. 3. This appeal has been filed by the State/appellant with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the appeal, set-aside the impugned judgement and order of acquittal of the accused-respondents and convict and sentence them in accordance with law. It is further prayed that this Hon'ble Court may be pleased to issue warrant in terms of Section 390 Cr.P.C. against the accused-respondents in accordance with law." 4. The appeal was reported to be defective as was beyond time by 17 days, although an application dated 22.10.2010 mentioning it to be an application under Section 5 of the Indian Limitation Act, has been filed by the learned counsel for the State but perusal of the same goes to show that the said application has two paragraphs in it only. The first paragraph states that there is some delay in filing of the aforesaid appeal and the second paragraph is the prayer which is being prayed in the said application. Prayer in the said application is that this Court may grant one month time for filing affidavit in support of the application under Section 5 of the Indian Limitation Act in the present Government Appeal. The said application is Versus Counsel for Appellant(s) : Indra Pal Singh Rajpoot Counsel for Respondent(s) : State of U.P. .....Appellant(s) Abdul Bakkar And Others .....Respondent(s) thus by no chance and no stretch of imagination an application under Section 5 of the Indian Limitation Act for condonation of delay in filing the present government appeal. 5. Vide order dated 29.9.2022 learned State counsel was directed to file appropriate affidavit in support of delay condonation application. The order passed therein reads as under:- "Learned A.G.A. appeared on behalf of the appellant-State. As per the report of Stamp Reporter, this appeal is delayed by 17 days, for which an application under Section 5 of Limitation Act for condonation of delay has been filed but no affidavit has been annexed therewith. Appellant is directed to file appropriate affidavit in support of application for condonation of delay by 22.10.2022. List on 7.11.2022 for hearing of delay condonation application." 6. Subsequently on 26.8.2025 again two weeks time was prayed for by learned State counsel for the same. This Court passed the following order:- "1. List revised. 2. Sri V.D. Ojha, learned counsel for the State-appellant is present. 3. Learned counsel for the State-appellant prays for two weeks time to file affidavit in support of application for delay condonation. 4. Prayer is allowed. 5. Let the matter be listed on 16.09.2025." 7. Today, learned State counsel submits that he has not filed any such application till date. The fact thus shows that since last 15 years proper application under Section 5 of the Indian Limitation Act supported by an affidavit has not been filed by the State counsel although twice time was granted for the same. 8. In view of the same, the application dated 22.10.2010 seeking time for one month is hereby rejected. 9. The matter be consigned to records. GOVAD No. 571 of 2010 2 10. Office to communicate this order to the concerned trial court/District and Sessions Judge for information and necessary follow-up actions. September 16, 2025 Naresh GOVAD No. 571 of 2010 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad