HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 400 of 2005 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. This appeal has been preferred against the judgement and order dated 11.08.2005 passed by the IVth Additional Chief Judicial Magistrate, Varanasi, in Criminal Case No. 1112 of 2005 by which the accused/respondents have been acquitted of the charges levelled against them. 4. This appeal is reported to be beyond time by 08 days. An application dated 13.12.2005 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. 5. 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 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. Versus Counsel for Appellant(s) : V.S.Mishra, A.G.A. Counsel for Respondent(s) : State of U.P. .....Appellant(s) Nizamuddin And Others .....Respondent(s) 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. 6. In view of the same, the said application is dismissed and the matter be consigned to the records. 7. Office to communicate this order to the concerned trial court/District and Sessions Judge for information and necessary follow-up action. September 11, 2025 AS Rathore GOVAD No. 400 of 2005 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad