P.N.Goel, J. - (1.) The memo of appeal along with application Under Section 378(3, Cr.P.C. and another application Under Section 5, Limitation Act was filed before the Registrar on 3-4-1981 at his residence. The order of acquittal was passed by the First Additional Sessions Judge, Mathu-ra in S. T. 105 of 1980 on 3-12-1980. Application for copy of the order/judgment was moved on 12-12-1980, Notice of the preparation of the copy was given on 7-141981. Copy was actually taken on 14-1-1981, The office rightly reported that the memo of appeal and application Under Section 378(3, Cr.P.C. were filed beyond time by 4 days.
(2.) Notice of the application Under Section 5 62'the Limitation Act was issued to the respondents opposite parties. One Alis Das, a pairokar of the respondents filed counter-affidavit. Sri Keshav Sahay Advocate, appeared on behalf of the respondents: Chhinga, respondent No. 1 filed another counter-affidavit. He was represented by Sri Tejpal, Advocate.
(3.) The learned State counsel filed re-Joinder affidavit. In support of the application Under Section 5 of the Limitation Act, Shitla Prasad Shukla, ah official in the office of the Government Advocate, filed affidavit. He deposed that the proposal for filing appeal was received at the residence, of the Government Advocate on 2tf-3I981 i.e. within the period of limitation' for filing appeal etc. He further deposed that the office of the High Court as' well as the office of the Government Advocate were closed on account of strike with the result that the file retarded at. the residence of the Government Advocate up to 1-4-1981. He then Reposed that the office of the Government " Advocate opened on 1-4-1981 '(Thesday, that file was marked to Sri V.\P, Goal, Deputy Government Advocate to ..prepare the memorandum of appeal arid leave petition, that the said documents were prepared on 2-4-198 and then they were filed.;