Kamleshbhai Chamanbhai ... vs State Of Gujarat
2022 Latest Caselaw 6009 Guj

   R/CR.MA/12102/2022                            ORDER DATED: 06/07/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 12102 of 2022

                  In R/CRIMINAL APPEAL NO. 1294 of 2022

                                  With
                    R/CRIMINAL APPEAL NO. 1294 of 2022
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           KAMLESHBHAI CHAMANBHAI MAJIYATAR (VALMIKI)
                             Versus
                       STATE OF GUJARAT
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Appearance:
KRUNAL S MEHTA(9227) for the Applicant(s) No. 1
MS SWETHA D BHATT(11512) for the Applicant(s) No. 1
MR RC KODEKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                             Date : 06/07/2022

ORAL ORDER

IN CRIMINAL MISC. APPLICATION NO. 12102 OF 2022:

Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing the R/Criminal Appeal No.1294 of 2022 against the judgment and order dated 16.04.2022 passed by the learned Special POCSO Judge in Special (POCSO) Case No. 7 of 2016.

Having regard to the submissions advanced by the learned advocate for the applicant and more particularly considering the averments made in the memorandum of application, the Court is of the view that the delay caused in

R/CR.MA/12102/2022 ORDER DATED: 06/07/2022

filing the Criminal Appeal has been sufficiently explained.

The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing Criminal Appeal is hereby condoned.

Present Application stands disposed of. Rule is made absolute.

ORAL ORDER IN CRIMINAL APPEAL NO. 1294 OF 2022:

ADMIT.

Learned APP waives service of notice of admission for and on behalf of the respondent-State.

(SAMIR J. DAVE,J) K. S. DARJI