Manoj Deepchandbhai Khatwani vs State Of Gujarat
2022 Latest Caselaw 7067 Guj

      R/CR.MA/13614/2022                                    ORDER DATED: 05/08/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 13614 of 2022

             In R/CRIMINAL MISC.APPLICATION NO. 13613 of 2022

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                           MANOJ DEEPCHANDBHAI KHATWANI
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MR NIRAD D BUCH(4000) for the Applicant(s) No. 1
MRS. BHAVINI N. BUCH(5403) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 05/08/2022

                                   ORAL ORDER

1. The Applicant / Original Complainant has preferred the present Criminal Miscellaneous Application under Section 5 of the Limitation Act for condonation of delay of 23 days caused in preferring the Application under Section 378(4) of the Code of Criminal Procedure, 1973, seeking Leave to prefer an Appeal against the judgment and order dated 18.4.2022 passed by the learned 10th Additional Chief Judicial Magistrate, Surat in Criminal Case No. 44831 of 2017.

2. Heard learned Advocate Mr. Nirad D. Buch for the Applicant and learned APP Ms. Jirga Jhaveri for the Respondent - State of Gujarat.

3. In view of the submissions made by the learned Advocate for the Applicant as also the grounds mentioned in the Memo of Application, the present Application for condonation of delay deserves to be allowed and accordingly stands allowed. The delay caused in preferring the Application seeking Leave to Appeal is allowed.

R/CR.MA/13614/2022 ORDER DATED: 05/08/2022

4. The main matter is ordered to be listed on 15.9.2022.

(A. C. JOSHI,J)

26 / J.N.W