Vaishaliben D/O Sitarambhai Patel vs State Of Gujarat

Gujarat High Court

Vaishaliben D/O Sitarambhai Patel vs State Of Gujarat on 9 April, 2025

                                                                                                             NEUTRAL CITATION




                            R/CR.MA/7144/2025                                  ORDER DATED: 09/04/2025

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                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
                                                NO. 7144 of 2025
                            In F/CRIMINAL REVISION APPLICATION NO. 13358 of 2025
                       ==========================================================
                                      VAISHALIBEN D/O SITARAMBHAI PATEL
                                                     Versus
                                            STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR HARNISH V DARJI(3705) for the Applicant(s) No. 1
                       MR HK PATEL, APP for the Respondent(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                           Date : 09/04/2025
                                                            ORAL ORDER

Registry to accept vakalatnama of learned advocate Mr. Maulik H. Sayani, who has instructions to appear for the respondent No.2.

[1.0] RULE. Learned APP waives service of notice of Rule for the respondent - State of Gujarat.

[2.0] This application is filed under Section 5 of the Limitation Act for condonation of delay of 313 days caused in filing the revision application challenging the judgment and order dated 19.02.2024 passed in Criminal Appeal No.23 of 2024.

[3.0] Learned advocate for the applicant has submitted that the delay was caused purely due to circumstances beyond the control of the applicant and there was no malafide intention on the part of the applicant in filing the revision application belatedly and therefore, has requested to condone the delay caused in filing the revision application.

NEUTRAL CITATION R/CR.MA/7144/2025 ORDER DATED: 09/04/2025 undefined [4.0] Learned APP and learned advocate for the respondent No.2 have vehemently opposed the present application.

[5.0] Considering the submissions made by the learned advocates for the respective parties, the applicant has mentioned sufficient cause for condonation of delay. The primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the revision application at threshold and there is no presumption that the delay caused by the applicant is deliberate. In view thereof, the words 'sufficient cause' under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Even reason stated appears to be bonafide and genuine. There is no smack of malafide or dilatory tactics on the part of the applicant.

[6.0] In view of the above, the delay of 313 days as explained in the application is condoned. The application is accordingly allowed. Rule is made absolute accordingly.

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