JUDGMENT :

Shamim Ahmed, J.

(Order on C.M. Application No.70037 of 2016: Application for condonation of delay)

1. List has been revised and the case is being taken up in the revised call of the list.

2. Heard Sri Sushil Kumar Rastogi, learned counsel for the applicant and Sri Shailendra Singh Rajawat, Advocate alongwith Ms. Purnima Singh, learned counsel for the respondent nos.2 & 3 as well as Sri Hari Shanker Bajpai, learned A.G.A.-I for the State Opposite Party No.1 and perused the record.

3. This leave to appeal has been filed with a delay of 2 Years 04 Months and 8 Days, as per the report of the stamp reporter, challenging the judgment and order dated 10.06.2013 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Kheri in Criminal Case No.1935 of 2012, Police Station Kotwali Sadar, District Kheri against the acquittal of the accused person/opposite party nos. 2 & 3.

4. Learned counsel for the applicant in the application for condonation of delay supported with the affidavit has taken the ground that the impugned order was passed on 10.06.2023 by the court concerned and the appeal was not filed in time as the clerk of the advocate was ill.

5. Sri Hari Shanker Bajpai