Nilesh Hansrajbhai Ajani vs State Of Gujarat
2022 Latest Caselaw 5301 Guj

     R/CR.MA/11606/2021                            ORDER DATED: 20/06/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 11606 of 2021

          In R/CRIMINAL REVISION APPLICATION NO. 462 of 2021

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                          NILESH HANSRAJBHAI AJANI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR. ARSH R SHAIKH(6726) for the Applicant(s) No. 1
MR. RZ SHAIKH(6888) for the Applicant(s) No. 1
MR PARAM BUCH FOR MR HRIDAY BUCH(2372) for the Respondent(s) No.
2,3,4,5,6
MR RC KODEKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                               Date : 20/06/2022

                                ORAL ORDER

1. By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing the R/Criminal Revision Application No. 462 of 2021 against the judgment and order dated 21.06.2018 passed by learned 2nd Additional Sessions Judge, Rajkot at Dhoraji in Sessions Case No. 02 of 2014 below Exh. 66.

2. Heard learned advocates for the respective parties.

3. Learned advocate Mr. Arsh R. Shaikh for the applicant submits that the sister of the complainant was found in the well as dead on 27.10.2013 and FIR thereof was registered on 29.10.2013 by the husband of the deceased being CR No. I-36

R/CR.MA/11606/2021 ORDER DATED: 20/06/2022

of 2013. As the accused in the FIR was the deceased Manishaben herself, abatement summary came to be filed later on. Thereafter, the accused of the said FIR moved the discharge application in the court below which came to be rejected vide order dated 13.07.2016 against which the accused preferred revision being Criminal Revision Application No. 642 of 2016. That, due to unnatural death of the deceased, her brother ie., present applicant had registered an FIR being CR No. I-42 of 2013 with Jamkandorana Police Station at Dhoraji on 06.12.2013. That, the applicant does not have sufficient means to fight the litigation and he had to run from pillar to post by making various applications before various authorities for registration of FIR in the month of November 2013 and after the period of 1 month, the FIR came to be registered. That, during the trial and hearing of discharge application preferred by the accused persons, the applicant was unable to engage an advocate due to financial crisis hence had taken help of the legal aid department for conducting such proceedings. That, due to the said circumstances, the delay had been caused. Moreover due to spread of Corona Virus ie., COVID-19, there has been nationwide lock down hence, it was not possible to engage the advocate and filed the Criminal Revision Application till the date of filing of captioned revision application. In support of his arguments, learned advocate for

R/CR.MA/11606/2021 ORDER DATED: 20/06/2022

the applicant has placed his reliance on the following judgments:

1. Judgment passed by this Court in case of Hansaben Girishkumar Smt v. Girishkumar Babulal Raja (Criminal Revision Application No. 471 of 1982)

2. Judgment passed by the Hon'ble Supreme Court of India in case of Abdul Ghafoor and Anr v. State of Bihar reported in 2012 Cri.L.J. 822.

Ultimately, it was requested by learned advocate for the applicant to allow present application.

4. On the other hand, learned advocate Mr. Param Buch for Mr. Hriday Buch, learned advocate for the respondents No.2 to 6 has strongly objected the submissions made by learned advocate for the applicant and submitted that applicant has made an inordinate delay in filing captioned revision application challenging the veracity of the order dated 21.06.2018 passed by learned Additional Sessions Judge, Rajkot. That, no plausible or sufficient explanation has been provided by the applicant with regard to the exorbitant delay caused in filing captioned revision application, and therefore, such inordinate, unreasonable and unexplained delay should not be condoned. Hence, learned advocate for the respondents no. 2 to 6 has requested not to exercise the powers in favour of the applicant by condoning the delay as sought for by the

R/CR.MA/11606/2021 ORDER DATED: 20/06/2022

applicant and dismiss the present application.

5. Learned APP for the respondent no.1-State has objected the submissions made by learned advocate for the applicant and submitted that the delay caused in preferring captioned revision application may not be condoned.

6. Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the Criminal Revision Application has been sufficiently explained.

7. The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the Criminal Revision Application No. 462 of 2021 is hereby condoned.

Present application stands disposed of. Rule is made absolute.

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