- (1.) No one is present on behalf of appellant to address the Court, however, Shri Nripendra Kumar Chaturvedi and Shri Apul Misra learned counsel for complainant are present on behalf of the opposite parties.
(2.) On the last occasion this Court has passed the following order which is being reproduced hereunder:- "No one is present on behalf of the appellant, even case is called out in the revised list. Sri Nrapendra Kumar Chaturvedi as well as Sri Apul Misra are present on behalf of the opposite parties. Pursuant to the order dated 31.05.2018 the notice was issued to the opposite party to file objection to the delay condonation application. Learned counsel appearing for the accused/respondents submits that he has prepared the counter affidavit to the delay condonation application filed on behalf of the appellant in respect of inordinate delay of about 14 years in filing the appeal. The appellant's counsel is seeking adjournment on one pretext or the other as such he has not been able to contact him to serve the copy of the objection. Considering the submission advanced by learned counsel for the opposite party and perused the order sheet, it transpires that learned counsel for the appellant is seeking adjournment on one round or the other as such we are taking on record the counter affidavit filed by learned counsel appearing on behalf of opposite party. Let the case be listed in the next cause list. On the next date of listing if the learned counsel for the appellant fails to appear the court shall proceed to decide application itself."
(3.) The instant Criminal Appeal U/S 372 Cr.P.C. along with an application for Leave to Appeal has been preferred by the appellant against the judgment and order dated 21.10.2004 passed in Sessions Trial No. 03/2003 (State Vs. Deepak Kumar Verma and others) arising out of Case Crime No. 473/2001 under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Uttar, District- Firozabad whereby the accused respondents have been acquitted by the learned Additional Sessions Judge, Court No. 1 Firozabad.;