Bipinchandra Manilal Modi vs State Of Gujarat

Gujarat High Court

Bipinchandra Manilal Modi vs State Of Gujarat on 28 November, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                   NEUTRAL CITATION




     R/CR.MA/17318/2022                               ORDER DATED: 28/11/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         17318 of 2022
                              In
       R/CRIMINAL REVISION APPLICATION NO. 1017 of 2022
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                          BIPINCHANDRA MANILAL MODI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
HARDIK J GAJJAR(8718) for the Applicant(s) No. 1
MR. VANRAJSINH M DAMORE(3787) for the Applicant(s) No. 1
ABATED for the Respondent(s) No. 2
NAIMESH M SHAH(9278) for the Respondent(s) No. 3
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                  Date : 28/11/2023
                   ORAL ORDER

1. This application is filed for condoning the delay of 73 days in preferring the Criminal Revision Application against the judgment and order dated 20.07.2021 in Criminal Case No.1984 of 2015 by the Additional Chief Judicial Magistrate, Palitana.

2. When the matter is called out, learned advocate for the applicant is absent. However, considering the fact that the application is only for the purpose of condoning delay and that the grounds mentioned in the pleadings are justifiable and hence with the assistance of the learned APP the matter is taken up for hearing.

NEUTRAL CITATION R/CR.MA/17318/2022 ORDER DATED: 28/11/2023 undefined

3. From the pleadings, it appears that against the impugned judgment and order of acquittal, the applicant who is the original complainant had preferred a Criminal Appeal under Section 378(4) of Cr.P.C. which was registered as Criminal Appeal No.1968 of 2021 and that the same was filed with delay of 8 days.

4. From the pleadings, it appears that the said delay was condoned, however, by an order dated 09.06.2022 considering the provision of law the applicant had sought permission to withdraw the appeal so as to enable the applicant to prefer the Revision Application against the impugned judgment and order.

5. From the pleadings, it appears that it is this reason that the delay of 73 days has occurred in preferring the Revision Application.

6. As the pleadings does indicate the probable reason for cause of delay and that the petitioner was bonafide in pursuing the remedy by preferring an appeal before this Court which ultimately came to be disposed of as withdrawn on 09.06.2022 and that the delay of 73 days is not being inordinate deserves to be condoned.

NEUTRAL CITATION R/CR.MA/17318/2022 ORDER DATED: 28/11/2023 undefined

7. In view of the aforesaid, the delay of 73 days in preferring the Revision Application against the judgment and order dated 20.07.2021 in Criminal Case No.1984 of 2015 by Additional Chief Judicial Magistrate, Palitana, Bhavnagar is hereby condoned.

Registry to list the main matter in serietim.

(A.Y. KOGJE, J) Manoj Kumar Rai Page 3 of 3 Downloaded on : Wed Nov 29 20:39:24 IST 2023