JUDGMENT :

Vikas Budhwar, J.

1. The present appeal at the behest of the State of U.P. emanates from the proceeding in Sessions Trial No. 445/2016 (Registration No. 473 of 2016) wherein the court of Additional Sessions Judge, (Fast Track Court) No. 2, Rampur by virtue of the judgment dated 28.01.2021 has acquitted the accused-respondent nos. 1 and 2 in Case Crime No. 108C/2016 u/s 498A, 304B, 201 IPC and Section ¾ of the D.P. Act, P.S. Patwai, District Rampur.

2. The present appeal was presented before this Court on 09.08.2021wherein the Stamp Reporter had reported delay of 81 day. On 07.08.2021 the Stamp Reporter had tendered its report which reads as under:-

“Although the instant Criminal Appeal is beyond time by 81 days till today. It should be considered with in time in light of the Hon’ble Supreme Court order Application 665/2021 in SMW (C) 3/2020”

3. On 25.08.2021 this Court passed the following order:-

“This appeal is reported to be filed beyond limitation by 81 days. It has been filed along with a delay condonation application. Issue notice to the accused respondents on delay condonation application returnable at an early date.

Accused respondents shall file counter affidavit to t