IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.35 of 2008 THE STATE OF BIHAR …. Appellant Versus 1. LAKSHAMAN SINGH, son of Ram Baran Singh 2. Parma Nand Singh, son of Ram Ram Baran Singh 3. Smt. Krishna Singh, wife of Laxaman Singh , All resident of village – Ismailpur, P.S. Hajipur Sadar, District Vaishali 4. Smt. Janki Devi, wife of Prabhu Nath Singh 5. Prabhu Nath Singh, son of Daroga Singh, both resident of village Bela Mohammadpur, P.S. Dariyapur, District Chapra (Saran) at present residing at village Ismailpur, P.S. Hajipur Sadar, District Vaishali ….. Respondents. ----------- 07/ 12.1.2009 I.A. No. 1521 of 2008 is a petition under Section 5 of the Limitation Act wherein prayer has been made to condone the delay of seven months in filing the present Govt. Appeal, which is against the judgment dated 12.9.2007, passed by the Addl. Sessions Judge-cum- Fast Track Court No. 3, Vaishali at Hajipur in Sessions Trial No. 13 of 2004, whereunder respondents were tried for the charges under Sections 304(B) and 201/34 I.P.C., but the trial court did not find the charges proved and acquitted the respondents of the aforesaid charges. The normal grounds as taken for condoning the delay in filing the present govt. appeal are the common grounds like delay in processing the files in different offices of the Government, but the specific ground as taken in the I.A. is that in this case file had been sent to the Law Department of the Government of Bihar for according sanction for filing the appeal and the approval was accorded on 26.12.2007 and it was received in the office of the Advocate General on 27.12.2007 and thereafter the matter remained pending for authorizing an officer 2 for swearing the affidavit for filing this appeal and the District Magistrate, Vaishali at Hajipur authorized Sri Baijnath Prasad, Dy. S.P. (HQ.) at Vaishali on 13.5.2008 to swear affidavit and in view of that authorization, affidavit was sworn on 14.7.2008 and thereafter the appeal was filed on 29.7.2008. Mr. Abhimanyu Sharma, Advocate appears for the Appellant ad Mr. Ajay Kumar Thakur appears for the Respondents. It is submitted by Mr. Sharma that after receipt of Government approval on 27.12.2007, X-mas holidays intervened so time was taken in passing order for authorization for swearing the affidavit. The prayer for condoning the delay in filing the appeal was opposed by the respondents and it was submitted that X-mas holidays was for a brief period of 8-9 days only, but about five months time were taken by the District Magistrate, Vaishali in passing the simple order of authorization as to which of the officers will swear the affidavit for filing this appeal and that there is no specific reason explained why this exorbitant delay was caused. Besides this, it was also submitted on behalf of the respondents that even after authorization of the District Magistrate on 13.5.2008, the affidavit was sworn on 14.7.2008 i.e. after two months and for this also no reason is explained. Thus upon hearing counsel for the parties, we failed to find any reasonable explanation for the delay of seven months in 3 filing the appeal. Therefore, we are not inclined to condone the delay in filing this appeal. Accordingly, I.A. No. 1521 of 2008 is rejected. As a consequence of rejection of I.A. No. 1521 of 2008, this appeal will also stand dismissed as time barred. Arjun/ (C.M. Prasad, J.) (V.N. Sinha, J.)