HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 200 of 2012 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Birendra Pratap Singh, learned counsel for the State/appellant and perused the record. 3. Trial court records have been received which have also been perused. 4. Sri M.S. Ansari, learned counsel for the accused/respondent is not present even in the revised list. Even previously on 02.09.2025 learned counsel for the accused/respondent was not present and the matter was directed to be adjourned as a last opportunity and was directed to be listed peremptorily. Today the matter is listed peremptorily but there is no representation on behalf of the accused/respondent. 5. This appeal is reported to be beyond time by 45 days. A delay condonation application dated 09.5.2012 supported by an affidavit, has been filed by the State counsel with the prayer to condone the delay in filing the present appeal. Perused the same. 6. In the present matter judgment and order of acquittal of accused/respondent was passed on 20.12.2011 by the court of Additional Sessions Judge, Court No. 3, Mau in Sessions Trial No. 01 of 2011 (State vs. Naushad). The copy of the judgement was received on 27.01.2011 after which a proposal for filing of appeal was submitted before the District Magistrate on 13.03.2012 which is after a period of about 44 days. There is nothing on record to show as to why delay of 44 days has Versus Counsel for Appellant(s) : G.A. Counsel for Respondent(s) : , M.S. Ansari State of U.P. .....Appellant(s) Naushad .....Respondent(s) occurred in sending the proposal. The affidavit therein is silent regarding the same. The cause thus shown is not sufficient. The delay condonation application is rejected. 7. The matter be consigned to records. 8. Office to communicate this order along with the trial court records to the concerned trial court/District and Sessions Judge for information and necessary follow-up action. September 19, 2025 Naresh GOVAD No. 200 of 2012 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad