Arvind Kumar Tripathi, J. - (1.) THE present government appeal has been filed against the judgment and order of acquittal dated 19.5.1997 passed in Crl. Case No.3038/9 of 1992 connected with Criminal Case No.3039/9 of 1992 passed by Chief Judicial Magistrate, Muzaffarnagar.
(2.) HEARD learned AGA for the State and perused the record. The present government appeal is reported to be beyond time by 30 days. The appeal was filed without application under section 5 of the Limitation Act. Subsequently, the application dated 19.12.1997 was filed. The judgment and order for acquittal is dated 19.5.1997. The certified copy was issued on 27.5.1997. Thereafter, the file was sent through Deputy Director Factories, State of U.P., Meerut on 4.8.1997 to District Magistrate, Muzaffarnagar, which was received on 5.8.1997 after the advice of the district government counsel. The file was received in the office of the District Magistrate on 11.8.1997, which was placed on 12.8.1997. After signature it was sent through registered post to the office of Joint Secretary, U.P. on 23.8.1997. There is no proper explanation regarding delay. Even on merit, no fault of the factory owner was found. The victim was skilled worker and the factory owner was not responsible for the accident because there was no carelessness on his part and all the safety measures were adopted hence present application under section 5 of the Limitation Act is hereby rejected.
(3.) SINCE the application under section 5 of the Indian Limitation Act is rejected hence leave to appeal is dismissed.;