B.A.Zaidi - (1.) -This is an application by Raja Babu Tripathi, under Section 5 of Limitation Act, in criminal appeal under Section 378 (4), Cr. P.C., in connection of judgment in Sessions Trial No. 49 of 2006, State of U. P. v. Raja Babu and others, under Sections 323, 504, 506, I.P.C. and 3 (i) (x) S.C. and S.T. Act. The trial Sessions Judge, acquitted the accused opposite party.
(2.) THE complainant has, therefore, come here and has filed application to permit him to file the appeal and this application to condone the delay of 195 days involved in filing the leave to appeal application. Heard Sri B. N. Singh, advocate, for the applicant and Sri N. D. Rai, Addl. Government Advocate, for the State. The reason assigned is that the applicant became seriously ill in the first week of May of 2007 and photocopies of the medical prescriptions dated 4.5.2007, 5.6.2007, 2.8.2007, 3.9.2007 and 4.10.2007 have been filed in support of his ailment.
(3.) FROM the copies of the medical prescription filed, it cannot be said that the applicant was not able to even contact his lawyer for filing the application/appeal. The ground of illness brought forward is fragile and flimsy and consequently unacceptable. There is no Medical Certificate from the side of the petitioner that for 195 days he was not in a position even to contact his lawyer or to take other steps for filing the application for grant of leave for filing the appeal and in the absence of the same stray prescriptions from a doctor cannot be deemed sufficient. There is thus long and properly unexplained delay and the application under the Limitation Act should not, therefore, be allowed. It is being observed that there is prevailing belief amongst lawyers and litigants that an application for condonation of delay will be accepted in routine without much scrutiny because the Court are indulgent and lenient in this regard. It is, therefore, considered that any reason good, bad or indifferent would suffice and the Courts are taken for granted. This feeling needs to be dispelled. The Courts dockets are already busting on the seams and the Court would be disinclined to act, to the same, unless there are good, sound and valid reasons.;