SPECIAL APPEAL DEFECTIVE No. 37 of 2024 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 37 of 2024 State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Govt. Lko. And Another .....Appellant(s) Versus Om Prakash Kesari .....Respondent(s) Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Virendra Mishra Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. (Order on C.M.Application No.1 of 2024; Application for Condonation of Delay) 1. Heard Shri Anand Singh, learned Additional Chief Standing Counsel for the State and Shri Virendra Mishra, learned Counsel for the respondent. 2. This is an application seeking condonation of delay of 329 days in filing the special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the judgment and order dated 18.01.2023 passed in Writ A No.558 of 2013; Om Prakash Keshri vs. State of U.P. and Others. 3. The limitation for filing special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is thirty days vide Chapter IX Rule 10 of the Rules, 1952 read with Article 117 of the Schedule appended to the Limitation Act, 1963. 4. We have gone through the affidavit in support of the application fo