HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 497 of 2011 Petitioner :- Ram Singh And Another Respondent :- State Of U.P. Petitioner Counsel :- R. D. Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellants and the learned AGA and perused the material on record.
It was submitted on behalf of the appellants that the appellants instead of filing this appeal moved an application before the trial court for protection of the accused, therefore, the delay occurred.
In my opinion the appellants have shown sufficient cause for the delay in filing the appeal.
The condonation application is allowed.
The delay in filing the appeal is condoned and the appeal is treated to have been filed in time. The office is directed to register the appeal on regular side.
Put up on 17th August 2011 as fresh for hearing on the point of admission.
Order Date :- 4.8.2011 shailesh