Gujarat High Court
Ashokkumar Chandulal Patel vs State Of Gujarat on 28 November, 2023
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/CR.MA/18119/2023 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.
18119 of 2023
In
F/CRIMINAL REVISION APPLICATION NO. 36398 of 2023
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ASHOKKUMAR CHANDULAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR ANIL R. THAKOR(10897) for the Applicant(s) No. 1
MR RAXIT J DHOLAKIA(3709) for the Respondent(s) No. 2,3,4
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 delay of 94 days in preferring the Revision Application.
2. When the matter is called out, the learned advocate for the applicant as well as private respondent is absent. However, considering the fact that the applicant before the Court is the original complainant who is challenging the order recording the acquittal of the accused and hence with the assistance of the learned APP, the matter is taken up for hearing.
3. From the pleadings, it appears that after the pronouncement of the impugned judgment and order, the applicant had to consult local practitioner, and thereafter, it took considerable time before the applicant could consult a legal practitioner of this Court and draft a Revision Page 1 of 2 Downloaded on : Wed Nov 29 20:39:26 IST 2023 NEUTRAL CITATION R/CR.MA/18119/2023 ORDER DATED: 28/11/2023 undefined Application and filed before this Court and in this process it appears that delay of 94 days has occurred.
4. The Court has taken into consideration the fact that the applicant before the Court is the original complainant and the complaint had resulted into recording of an acquittal by the impugned judgment and order dated 31.03.2023 by the 3rd Additional Sessions Judge, Gandhinagar.
5. The Court has taken into consideration the pleadings wherein the applicant has explained the cause for delay.
Moreover, the delay of 94 days having been explained and not being inordinate. The case of the applicant deserves consideration.
6. In view of the aforesaid, the delay of 94 days in preferring the Revision Application against the judgment and order dated 31.03.2023 in Criminal Appeal No.50 of 2022 by the 3rd Additional Sessions Judge, Gandhinagar is hereby condoned.
Registry to list the main matter in serietim.
(A.Y. KOGJE, J) Manoj Kumar Rai Page 2 of 2 Downloaded on : Wed Nov 29 20:39:26 IST 2023