SPECIAL APPEAL DEFECTIVE No. 532 of 2012 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 532 of 2012 State Of U.P.Through Principal Secy.Home .....Appellant(s) Versus Const.6595 Ap Pno 8406606068 Krishna Shanker Rai .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : Sudhir Kumar Misra Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.61545 of 2012 (Application for Condonation of Delay) 1. Heard learned Standing Counsel for the State and Shri Sudhir Kumar Misra, learned counsel for the respondent. 2. The present appeal was filed by the State on 24.07.2012 challenging the judgment and order dated 12.10.2011 passed in Writ Petition No.7371 (S/S) of 2011. 3. The limitation for filing special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is 30 days vide Chapter IX Rule 10 of the Rules, 1952 read with Article 117 of the Schedule appended to the Limitation Act, 1963. The appeal was filed with a delay of 8 months and 13 days as on as on 24.07.2012, i.e. the date of filing. 4. We have gone through the affidavit filed in support of the application for condonation of delay and do not find the same to be satisfactory.