Gujarat High Court
Rahul Bhojabhia Mori vs State Of Gujarat on 30 June, 2025
NEUTRAL CITATION
R/CR.MA/12393/2025 ORDER DATED: 30/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
12393 of 2025
In F/CRIMINAL REVISION APPLICATION NO. 3559 of 2025
==========================================================
RAHUL BHOJABHIA MORI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MS. JYOTI BHATT APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 30/06/2025
ORAL ORDER
1. Rule. Learned APP waives service for the respondent - State.
2. Heard the learned advocate for the applicant and further it is submitted by him that the present application has been preferred to condone the delay of 140 days in preferring the Criminal Revision Application against the judgment passed by the learned Principal District & Sessions Judge, Rajkot in Criminal Misc. Application (For Muddamal) No.1483 of 2024.
3. Learned advocate for the applicant submitted that there is a delay of 140 days in preferring the revision application. Further, it is submitted that the delay is unintentional. So, the delay caused is required to be condoned.
4. On the other hand, Learned APP vehemently opposed Page 1 of 2 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:00:54 IST 2025 NEUTRAL CITATION R/CR.MA/12393/2025 ORDER DATED: 30/06/2025 undefined and submitted that no sufficient cause has been shown in the delay condonation application. Hence, application for delay caused in preferring the revision application is required to be dismissed.
5. Heard the learned advocates for both respective sides.
6. It is settled principle of law that if the technicality and substantial justice is against each other, the Court has to prefer substantial justice against the technicality. The explanation given is found to be genuine and satisfactory to this court. Delay is to be condoned.
7. Accordingly, the present application stands allowed.
8. Delay of 140 days in preferring the criminal revision application is to be condoned. Rule is made absolute to the aforesaid extent.
9. Registry to give new criminal revision application number.
(L. S. PIRZADA, J) JCP Page 2 of 2 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:00:54 IST 2025