HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 82 of 2012 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ajay Singh, learned A.G.A.-I for the State/appellant and perused the record. 3. The present appeal has been filed 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 of Criminal Procedure Code against the accused- respondents in accordance with law." 4. This appeal is reported to be beyond time by 38 days. Previously on 01.09.2025 this Court passed the following orders: "1. List revised. 2. Sri Ajay Singh, learned A.G.A.-I for the State-appellant is present. 3. Learned counsel for the State again prays for two weeks time to comply with the orders dated 22.02.2012 and 30.04.2012. 4. The order dated 22.02.2012 reads as under:- "The present government appeal is reported to be beyond time by 38 days. Versus Counsel for Appellant(s) : G.A. Counsel for Respondent(s) : State of U.P. .....Appellant(s) Amar Singh And Others .....Respondent(s) The delay in between 9th September, 2011 to 3rd January, 2012 has not been explained properly. Learned AGA prays for and is granted two weeks' time to file supplementary affidavit to explain the delay properly. List immediately after expiry of aforesaid period." 5. The order dated 30.04.2012 reads as under:- "Learned A.G.A. prays for and is granted two weeks' further time to file a supplementary affidavit to explain the delay properly. List after two weeks." 6. It is more than 13 years since then. No such affidavit has been filed by the State till date. 7. Since learned counsel for the State again prays for time, as a last opportunity two weeks and no more time is granted for the same. 8. Let the matter be listed on 15.09.2025. " 5. Learned A.G.A. submits that although he has sent communication for compliance of the previous order dated 01.09.2025 but no one has responded and as such he is not in a position to file any such affidavit/supplementary affidavit. 6. Proper explanation regarding delay in filing the present appeal has not been given. Even after more than 13 years supplementary affidavit as was prayed for by learned counsel for the State/appellant has not filed in the matter. 7. In view of the same, the application for condonation of delay in filing the appeal is dismissed. 8. The matter be consigned to the records. 9. Office to communicate this order to the concerned trial court/District and Sessions Judge for information and necessary follow-up action. (Samit Gopal,J.) September 15, 2025 Naresh GOVAD No. 82 of 2012 2 Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad