HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 112 of 2013 Court No. - 64 HON'BLE SAMIT GOPAL, J. Order on Delay Condonation Application No.77839 of 2013. 1. List revised. 2. Heard Sri Ajay Singh, learned AGA-I for the State-Appellant is present. Sri K.D. Tiwari, learned counsel for the accused-respondent is not present even when the matter has been taken up in the revised list. 3. This appeal is reported to be beyond time by 318 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 the same and the arguments for condoning the delay are that the judgement and order of acquittal of the accused-respondent is dated 11.1.2012 after which the proposal for filing the Government Appeal was sent by the District Magistrate to the Law Department, Government of U.P. on 31.3.2012 which was received on 23.04.2012 after which the same was opened and placed before the Special Secretary/Principal Secretary on 26/27.04.2012 and Government Order for filing the appeal was passed on 7.5.2012. Perusal of records go to show that the period from 11.1.2012 to 31.3.2012 has not at all been explained in the said affidavit which is about 2 months and 19 days. The same thus clearly shows that there is serious lethargy at the stage of sending the proposal to the Government. 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. There is no proper explanation at all for the period in between 11.1.2012 to 31.3.2012. This Versus Counsel for Appellant(s) : Akhilesh Singh Counsel for Respondent(s) : K.D. Tiwari State of U.P. .....Appellant(s) Usman .....Respondent(s) Court in the interest of justice does not deem it proper and expedient in the interest of justice to allow the same. 4. In view of the same, delay condonation application is dismissed. Order on appeal. 1. Since the delay condonation application has been dismissed, the appeal would not survive. The appeal be consigned to records. 2. Office is directed to communicate this order within two weeks from today to the court concerned for information and follow-up action. September 22, 2025 Gaurav Kuls GOVAD No. 112 of 2013 2 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad