JUDGMENT :

Vikas Budhwar, J.

1. This appeal under Section 372 of Criminal Procedure Code, 1973 (in short 'Cr.P.C.'), has been instituted by the informant being Ram Sudhar son of Chhote Lal against the judgment and order dated 9.2.2011, passed by Special Judge (D.A.A.)/Additional Session Judge, Court No. 2, District Kannauj, passed in S.T. No. 186 of 2006 (State Vs. Rajesh @ Tillu), under section 302/34, 201 I.P.C. arising out of case Crime No. 169 of 2006, Police Station. Tirwa, District Kannauj, whereby learned trial court has acquitted the accused, who are respondents-opposite parties no. 2 and 3.

2. This appeal was initially presented before the Registry of this Court on 24.5.2011 with the delay of 38 days and on 26.5.2011, in Criminal Misc. Delay Condonation Application No.161441 of 2011, notices were issued. Thereafter, on 24.8.2012, learned counsel for the appellant was not present, however, after hearing the learned A.G.A, the Delay Condonation Application was allowed and it was directed that a regular number be allotted to this appeal. The order dated 24.8.2012 is being reproduced hereinunder: -

"24.8.2012

Counsel for the appellant is not present.

Heard learned AGA.

The office report shows that notices have been served upon the accused respondents, but no-one appears on their behalf.

This application has been filed with a prayer that the delay in filing the appeal may be condoned.

This appeal has been filed beyond the period of limitation by 39 days.

The grounds taken for condoning the delay had not been controverted by the accused respondents, therefore, the delay in filing the appeal is hereby condoned. The appeal shall be deemed to be filed within the period of limitation.

Office is directed to allot regular number to this appeal.

Accordingly, this application is allowed."

"Counsel for the appellant is not present.

Heard learned AGA.

Summon the lower court record within a period of six weeks from today.

List for admission on 19.10.2012."

3. Yet on 19.10.2012, 27.11.2012, 29.1.2013, 15.11.2017, 24.11.2017, 10.8.2017 and lastly on 9.5.2022, the following orders were passed:-

"19.10.2012

Sri C.J. Yadav, counsel for the appellant, has sent his illness slip.

In the present case, lower court record has been summoned on 24.8.2012. There is no endorsement with regard to its receiving.

List on 27.11.2012."

"27.11.2012

Learned counsel for the appellant is not present. The order sheet shows that the lower court record has not been received.

List on 29.01.2013."

"29.1.2013

Counsel for the appellant is not present.

Heard learned AGA for the State of U.P.

From the perusal of record, it appears that in the present case the lower court record has been summoned vide order dated 24.08.2012, but the same has not been received.

The office is directed to send a reminder to District & Sessions Judge, Kannauj for sending the lower court record within a month. In case, the lower court record is not received by this Court on or before 6th March, 2013, In-charge of the Record Room of Sessions Court, Kannauj shall appear in person to explain as to why the lower court record has not been sent and the action may not be taken for non-compliance of the orders, passed by this Court.

List on 6th March, 2013.

Let a copy of this order be communicated to District & Sessions Judge, Kannauj forthwith for compliance."

"15.11.2017

The present appeal has been taken up in the revised call. No-one has appeared on behalf of the appellant to address the Court. Learned AGA is present. Lower Court record has already been received. The present appeal pertains to the year 2012 against the order of acquittal dated 9.2.2011. It cannot be kept pending sine die on the dint of mere condoning the delay in filing the appeal. Mere filing of the appeal by the appellant will not accrue any right in his favour.

Let this appeal be listed in the next cause list peremptorily."

"24.11.2017

Sri C. J. Yadav, lea