Ghanshyambhai Popatbhai ... vs State Of Gujarat
2022 Latest Caselaw 6480 Guj

      R/CR.MA/13174/2022                                     ORDER DATED: 20/07/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 13174 of 2022

             In R/CRIMINAL MISC.APPLICATION NO. 13171 of 2022

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                    GHANSHYAMBHAI POPATBHAI KATRODIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MS. M.A.SHAIKH, ADVOCATE for MR.BHANUKUMAR B AGRAWAL(10031)
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 : 20/07/2022

                                   ORAL ORDER

1. The Applicant / Original Appellant has preferred this Application under Section 5 of the Limitation Act for condonation of delay of 37 days in preferring the Appeal as well as Leave to Appeal, against the impugned judgment and order of acquittal dated 29.32.2022 passed in Criminal Case No. 69229 of 2015 by the learned 14th Additional Chief Judicial Magistrate, Surat.

2. Heard learned Advocate Mr. M.A.Shaikh for the Applicant and learned APP Ms. Jirga Jhaveri for the Respondent - State of Gujarat.

3. Learned Advocate for the Applicant has submitted in paragraph 3 of the Application that the Applicant was not aware about the fact that the Appeal is required to be filed before this Hon'ble Court and the Applicant was under the misconception that the impugned order is required to be challenged in the District Court and therefore. The delay also has occurred due to process of retrieving certified copies and lack of legal knowledge. He has therefore prayed to condone the delay in

R/CR.MA/13174/2022 ORDER DATED: 20/07/2022

preferring the Appeal and prayed that the Application may be allowed.

4. In view of the submission made by the learned Advocate for the Applicant and the grounds mentioned in the memo of Application, the present Application seeking condonation of delay deserves to be allowed and accordingly stands allowed. Delay of 37 days caused in preferring the Appeal is condoned.

Registry to list the Appeal along with Leave to Appeal Application on 25.8.2022.

(A. C. JOSHI,J)

10 / J.N.W