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2022 Supreme(All) 255

VIVEK KUMAR BIRLA, SUBHASH VIDYARTHI
State of U. P. – Appellant
Versus
Sunil – Respondent


ORDER :

1. Heard learned A.G.A. on the delay condonation application.

2. The limitation for filing the appeal was up to 25-04-2018 and on 08-01-2020 the Stamp Reporter has reported a delay of 623 days with one defect. The defect was removed and appeal was presented on 09-01-2020. Therefore, there was delay of 623+1 = 624 days in presenting the appeal.

3. By drawing attention to the contents of the affidavit filed in support of this application it is submitted by learned A.G.A. that the delay is purely procedural in nature and is liable to be condoned.

4. In the affidavit filed in support of the application for condonation of delay it has been stated that an application for obtaining a certified copy of the judgment dated 25-11-2017 was filed on 18-12-2017 and a certified copy of the judgment was received on 16-02-2018. Thereafter, on 12-03-2018 a proposal was sent by the District Government Counsel to the District Magistrate for filing the Government Appeal against the impugned judgment and after considering the material available before the District Magistrate, he sent the proposal for filing the Government Appeal on 17-03-2018. On 16-12-2018, the Government passed the G.O. for filing

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