Surekhaben W/O Parbatbhai ... vs State Of Gujarat
2022 Latest Caselaw 9776 Guj

      R/CR.MA/17860/2022                                  ORDER DATED: 02/12/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 17860 of 2022

                     In R/CRIMINAL APPEAL NO. 1918 of 2022

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            SUREKHABEN W/O PARBATBHAI POPATBHAI MANVAR
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR DHRUV R THAKKAR(11280) for the Applicant(s) No. 1
MR UVESH M SHAIKH(11313) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR.HARDIK MEHTA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 02/12/2022

                                   ORAL ORDER

[1] The present application has been filed for

condonation of delay of 65 days caused in preferring

the appeal.

[2] Mr.Dhruv Thakkar, learned advocate for the

applicant submits that the appeal is proposed to be

preferred against the order dated 31.03.2022 under

Section 372 of the Criminal Procedure Code by the

victim of the case, which has been filed under

Sections 354A, 294(b) of the Indian Penal Code and

R/CR.MA/17860/2022 ORDER DATED: 02/12/2022

Section 3(1)(w)(i) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

He further submits that the applicant, being a lady

victim desired to prefer an application against the

judgment and order and during the pandemic in

Covid period, there were some restrictions laid down

by the Government, therefore, she could not prefer

the appeal in time.

[3] Considering the averments made in the

application and as the delay is sufficiently explained

and in view of the facts and circumstances of the

case, the delay of 65 days caused in filing the

appeal is condoned. The application is allowed.

(GITA GOPI,J) Manoj