Hetalkumar Mahendrabhai Thakkar vs State Of Gujarat
2022 Latest Caselaw 6484 Guj

      R/CR.MA/12997/2022                                    ORDER DATED: 20/07/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 12997 of 2022

             In R/CRIMINAL MISC.APPLICATION NO. 12996 of 2022

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                     HETALKUMAR MAHENDRABHAI THAKKAR
                                   Versus
                             STATE OF GUJARAT
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Appearance:
ADITYA A GUPTA(7875) for the Applicant(s) No. 1
MOHIT A GUPTA(8967) 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 / Original Complainant has preferred this Application under Section 5 of the Limitation Act for condonation of delay of 24 days in preferring the Appeal as well as Leave to Appeal, against the impugned judgment and order of acquittal dated 10.12.2019 passed in Criminal Case No. 4452 of 2016 by the learned 4th Additional Senior Civil Judge and Judicial Magistrate First Class, Mirzapur, Ahmedabad.

2. Heard learned Advocate Mr. Aditya A. Gupta 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 4 of the Application that the power of attorney of the Applicant visited the office of the learned Advocate appearing for the Applicant before the learned Trial Court in the third week of December regarding further course of action where the Applicant was advised by the learned Advocate to approach this Hon'ble Court and referred some

R/CR.MA/12997/2022 ORDER DATED: 20/07/2022

lawyers to the Applicant for filing of the Appeal, which took sometime and therefore the delay has occurred in preferring the Appeal. The further grounds mentioned in paragraphs 6 and 7 of the Application appears to be the genuine reason for not preferring the Appeal in time. He has therefore prayed to condone the delay in preferring the Appeal and the 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 24 days caused in preferring the Appeal is condoned.

Registry to list the Appeal along with Leave to Appeal Application on 23.8.2022.

(A. C. JOSHI,J) 7 / J.N.W