- (1.) HEARD learned A.G.A. This case is listed as peremptorily.
(2.) THE counsel for the appellant is not present. This application under section 5 of Indian Limitation Act has been filed with a prayer to condone the delay in filing the appeal against the judgment and order dated 18.11.2011 passed by learned Additional Sessions Judge (Ex Cadre), Court No. 23, Allahabad in S.T. No. 505 of 2003 whereby the accused respondents have been acquitted for the offence punishable under sections 147, 148, 307/149, 324/149 and 504 IPC.
(3.) THIS appeal has been filed beyond the period of limitation by 409 days vide order dated 7.3.2013. Counsel for the appellant prayed for and is granted two weeks time to file supplementary affidavit in this regard because the another bench of this court was not convinced with the ground taken for condoning the delay by passing the following order: This application for grant of leave to appeal has been filed on behalf of appellant beyond time by 413 days. An application under section 5 of the Limitation Act showing cause of delay in filing the application for grant of leave to appeal ad appeal against acquitted supported with an affidavit has been filed. In our mind, the grounds for condoning the delay are not convincing and has not been shown sufficiently. Learned Counsel appearing on behalf of the appellant prays for and is granted two weeks' time to file supplementary affidavit in this regard. List this appeal immediately thereafter.;