- (1.) Civil Misc. Delay Condonation Application No. 204587 of 2003.
(2.) HEARD learned Standing Counsel and Shri S.K. Mishra for the respondents. This is an application for Condonation of Delay of 318 days in filing this Special Appeal. In support of the Delay Condonation Application, an affidavit has been filed by B.P. Mishra, posted as Deputy S.P. Legal Cell, U.P. Police Head Quarters, Allahabad. It has been stated in the affidavit that after receiving the copy of the judgment dated 28/11/2002, on 26/12/2002, matter was placed before the D.I.G. (Establishment) and thereafter Legal Advisor on 08/1/2003 sought certain comments on 20/1/2003, and sought certain informations which were furnished, thereafter the decision was taken to file Special Appeal against the judgment and order dated 28/11/2002, on 24/9/2003. Thereafter, the matter was placed before the D.I.G. (Establishment) and the letter was written on 03/10/2003 to the Special Secretary, Home, U.P. for seeking permission for filing Special Appeal. Permission was received in the office of Police Head Quarters, Allahabad on 24/10/2003. Thereafter, the Special Appeal was prepared and filed on 10/11/2003.
(3.) COUNTER affidavit to the Delay Condonation Application has been filed stating that the D.I.G. of Police Bahraich Range Bahraich has no relevancy in the matter. It is submitted that sufficient ground has not been given for condonation of delay.;