Allahabad High Court
State Of U.P. vs Ramji Dixit And 3 Ors. on 8 August, 2022
Bench: Vivek Kumar Birla, Sameer Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- GOVERNMENT APPEAL DEFECTIVE No. - 196 of 2018
Appellant :- State of U.P.
Respondent :- Ramji Dixit And 3 Ors.
Counsel for Appellant :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Sameer Jain,J.
Ref:- Criminal Misc. Delay Condonation Application No. 1 of 2018
Heard Sri Kailash Prakash Pathak, learned AGA and perused the record.
This appeal has been preferred with delay of 310 days.
The accused-respondents convicted under Sections 498-A, 304-B IPC read with Section 4 of Dowry Prohibition Act and acquitted in so far as charge 302 IPC. The present appeal has been filed for enhancement of sentence.
From the perusal of report of the Stamp Reporter, we find that Criminal Appeal No. 5955 of 2017 (Yogendra Dixit @ Yogesh Dixit and another Vs. State of U.P.), Criminal Appeal No. 6553 of 2017 (Smt. Nirmila Vs. State of U.P.) and Criminal Appeal No. 6733 of 2017 (Ramji Dixit Vs. State of U.P.) have been filed against the conviction. The explanation submitted for such delay of 310 days is that the impugned judgment and order was passed on 27.09.2017, application for obtaining certified copy moved on 28.10.2017 and the same was received on 01.11.2017. Thereafter, the documents were sent by the D.G.C. to the office of District Magistrate on 12.01.2018 and thereafter, the District Magistrate has sent proposal for filing the government appeal to State Government on 18.01.2018 and the relevant Government order was passed on 29.01.2018 with regard to file the government appeal and file pertaining to present case was received in the Government Advocate office on 30.01.2018 for which, the limitation is only 60 days, has already expired on 29.11.2017. The delay has been explained in paragraph nos. 8 and 9 of the affidavit, which are quoted as under:-
"8. That, thereafter, communications were sent to the District Magistrate, Auraiya for sending an Officer not below the rank of Gazetted Officer, so that an affidavit in support of the delay condonation application may be prepared and filed along with government without further delay.
9. That the deponent very respectfully submits herein that the delay in filing of the government appeal has occurred merely just due to miscalculation of period of limitation and nothing else."
From perusal of the paragraph 8 of the affidavit, filed in support of delay condonation application, which was sworn on 27.09.2018, we find that there is absolutely no explanation for the delay from 31.01.2018 till the date of filing the affidavit.
In such circumstances, the explanation for about almost 8 months has not been properly explained. Therefore, we find that cause shown for delay in filing the present appeal is not sufficient.
Accordingly, the present delay condonation application stands rejected.
Consequently, the application for grant of leave to appeal also stands rejected.
Ref:- Order on appeal
Since, the delay condonation application stands rejected, therefore, instant government appeal is also dismissed.
It is, however, made clear that dismissal of the present government appeal would not affect the merits of the criminal appeal filed against the conviction by the accused-respondents pending before this Court.
Order Date :- 8.8.2022
AK Pandey
