HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 189 of 2005 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. Sri Ram Kishor Gupta and Ms. Anjali Gupta, learned counsels for the accused/respondents are not present even in the revised list. 4. This appeal has been preferred against the judgement and order dated 1.2.2005 passed by the Special Judge, Dacoity Affected Area, Hamirpur in Special Case No. 11/1996 by which the accused/respondents have been acquitted of the charges levelled against them. 5. This appeal is reported to be beyond time by 30 days. An application dated 14.06.2025 has been filed with the appeal purporting to be an application under Section 5 of the Indian Limitation Act containing 2 paragraphs in it and with the prayer that one month time be granted for filing an affidavit along with application under Section 5 of the Indian Limitation Act with a further prayer to condone the delay in filing of the government appeal and treat the same to have been filed within time and hear and decide the same on merits. 6. This is unique application which this Court is seeing as in the prayer initially one month time is prayed for filing an affidavit along with an application under Section 5 of the Indian Limitation Act and then with a second prayer to condone the delay in filing the government appeal and Versus Counsel for Appellant(s) : Govt.Advocate Counsel for Respondent(s) : Anjali Gupta, Ram Kishor Gupta State of U.P. .....Appellant(s) Prabhakaran .....Respondent(s) treating the same to be filed within time and hear and decide the same on merits. In no manner the said application is under Section 5 of the Indian Limitation Act for condonation of delay inasmuch as there is nothing dilated in the said application as to what was the reason for delay in filing the same. Two paragraphs in the same are also nothing but paragraph-1 has some missing typographical error in it and para-2 is the same which is prayer of the application. Twenty years since then have been passed but no proper application for condonation of delay along with affidavit has been filed. 7. In view of the same, the said application is dismissed and the matter be consigned to the records. 8. Office to communicate this order to the concerned trial court/District and Sessions Judge for information and necessary follow-up action. September 11, 2025 Naresh GOVAD No. 189 of 2005 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad