NEUTRAL CITATION
R/CR.MA/13618/2023 ORDER DATED: 23/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13618 of 2023
In F/CRIMINAL MISC.APPLICATION NO. 26852 of 2023
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RAKSHIT NITINBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR RAKSHITKUMAR N PATEL(12486) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 23/08/2023
ORAL ORDER
1. Learned advocate Mr. Rakshitkumar Patel has placed on record further affidavit explaining the delay. The same is permitted to be taken upon record.
2. This Court by order dated 02.08.2023 had passed following order:
"1. Heard Mr. Rakshitkumar N. Patel, learned advocate on record for the applicant-original complainant. It is submitted by learned advocate for the applicant that the appeal, in fact, was preferred before this Court on 15.07.2023 without the application seeking leave to appeal. Subsequently, the application was preferred on 25.07.2023. According to him, the Registry has wrongly calculated the number of days of delay caused in presenting the appeal as 24 days. In support of his submissions, he has invited attention of this Court to the certified copy of the impugned judgment and order and Page 1 of 3 Downloaded on : Sun Sep 17 02:15:32 IST 2023 NEUTRAL CITATION R/CR.MA/13618/2023 ORDER DATED: 23/08/2023 undefined has submitted that in fact, the certified copy was made available on 20.05.2023 and it has wrongly been noted that the copy was ready for delivery on 04.05.2023.
2. The attention of this Court is invited to the fact that in fact, the Registrar of the concerned court had endorsed his signature on 20.05.2023. In such circumstances, there was no delay as such in presenting leave to appeal along with appeal against such impugned judgment and order.
3. Considering the submissions made by learned advocate for the applicant, let the report be called for from the concerned court verifying the aforesaid fact, before the next date of hearing. Stand over to 23.08.2023."
3. In compliance of the aforesaid order, the clerk attached to the Court of learned Additional Chief Judicial Magistrate, Vadodara has confirmed the fact that in fact, the certified copy was ready for delivery on 20.05.2023 and inadvertently, it has been mentioned as 04.05.2023. Learned advocate for the applicant has explained that the appeal has been filed without any delay within a period of limitation.
4. The attention of this Court is invited to the averments made in the further affidavit filed by the applicant. He, therefore, urged this Court to dispose of this application seeking condonation of delay.
5. Considering the submissions of the learned advocate for the applicant and having perused the further affidavit as Page 2 of 3 Downloaded on : Sun Sep 17 02:15:32 IST 2023 NEUTRAL CITATION R/CR.MA/13618/2023 ORDER DATED: 23/08/2023 undefined well as the report placed on record by the concerned Court. This Court is convinced that the present appeal has been filed within the prescribed period of limitation. Hence, this application seeking condonation of delay does not survive and is disposed of accordingly.
6. Let leave to appeal and appeal be notified for admission hearing on 02.09.2023.
(NISHA M. THAKORE,J) SSVohra Page 3 of 3 Downloaded on : Sun Sep 17 02:15:32 IST 2023