JUDGMENT :

Vinod Chatterji Koul, J.

1. Delay of 809 days in filing application seeking leave to appeal against an order, whereby the complaint of the appellant was dismissed and accused acquitted, is sought to be condoned. The order against which leave to appeal is sought to be filed was passed on 09.11.2013 and this application has been filed on 17.04.2016.

2. The grounds on which the condonation of delay in filing the application seeking leave to appeal is that the appeal could not be filed in time because the applicant had filed an application seeking restoration of the complaint, which was dismissed on 05.05.2014 and after dismissal of the application for restoration of the complaint, the applicant applied to the higher authorities for sanction with regard to the filing of appeal in the said process it took time and, therefore, application seeking leave to appeal could not be filed well within time. This is all what has been stated with regard to the delay, which is sought to be condoned.

3. The record of the case would reveal that the complaint for offences punishable under Section 7/16 of Prevention of Food Adulteration Act was filed on 16.06.2012 before the learned Judicial Magi