HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 188 of 2013 Court No. - 64 HON'BLE SAMIT GOPAL, J. Order on Delay Condonation Application No.132578 of 2013. 1. List revised. 2. Sri Birendra Pratap Singh, learned counsel for the State-Appellant is present. 3. Notice was issued to the accused-respondent vide order dated 30.04.2013 on the delay condonation application. As per office report dated 22.09.2025, notice has been served secondary on the accused-respondent. No counter affidavit or rejoinder affidavit has been filed yet as reported by the office through the said report. Despite service of notice, no one appears on behalf of accused-respondent even in the revised list. 4. This appeal is reported to be beyond time by 334 days. A delay condonation application supported by an affidavit has been filed which has been pressed by learned counsel for the State-appellant. The perusal of para nos.3 and 4 of the same goes to show that the copy of the order of acquittal of the accused-respondent dated 31.1.2012 in the matter was received by the D.G.C concerned on 14.3.2012 after which he made a proposal for filing the Government Appeal and forwarded the same to District Magistrate on 7.5.2012. There is no explanation whatsoever regarding 54 days. The law with regards to explanation of delay is very specific and trite and has been held that day-to-day explanation is to be given which has to be considered by the Courts. The delay of 54 days by the D.G.C in forwarding the proposal to the District Magistrate is totally unexplained. The law as settled has been relied, reiterated and Versus Counsel for Appellant(s) : G.A. Counsel for Respondent(s) : State of U.P. .....Appellant(s) Monu @ Manoj .....Respondent(s) reconfirmed by the Apex Court in the case of Shivamma Vs. Karnataka Housing Board : 2025 INSC 1104. The same thus clearly shows that there is serious lethargy at the stage of sending the proposal to the Government. 5. In view of the same, delay condonation application is dismissed. Order on appeal. 6. Since the delay condonation application has been dismissed, the appeal would not survive. The appeal be consigned to records. 7. Office is directed to communicate this order within two weeks from today to the court concerned for information and follow-up action. September 23, 2025 Gaurav Kuls GOVAD No. 188 of 2013 2 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad