Raju Kishanchand Chandani vs The State Of Gujarat
2022 Latest Caselaw 5302 Guj

     R/CR.MA/5813/2022                             ORDER DATED: 20/06/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5813 of 2022

          In R/CRIMINAL REVISION APPLICATION NO. 323 of 2022

==========================================================
                         RAJU KISHANCHAND CHANDANI
                                    Versus
                            THE STATE OF GUJARAT
==========================================================
Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MR. BHAVIK P SHAH(6391) for the Respondent(s) No. 2
MR RC KODEKAR, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                               Date : 20/06/2022

                                ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent no.1 and learned advocate Mr. Bhavik P. Shah waives service of notice of rule for and on behalf of the respondent no.2.

2. By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 87 days caused in filing the R/Criminal Revision Application No. 323 of 2022 against the judgment and order dated 07.10.2019 passed by learned Additional City Sessions Judge (Court No.10), Ahmedabad City in Criminal Appeal No. 602 of 2018.

2. Heard learned advocates for the respective parties.

3. Learned advocate for the applicant submits that the delay

R/CR.MA/5813/2022 ORDER DATED: 20/06/2022

in question has been occurred because the appeal has been decided in absence of the advocate of the applicant and such dismissal of the appeal was never informed by the advocate of the applicant. Thus, the applicant was never knew about dismissal of his appeal. The said delay was neither intentional nor deliberate nor due to negligence on the part of the applicant but has occurred in absence of knowledge of dismissal of the appeal before the lower appellate court. Ultimately, it was requested by learned advocate for the applicant to allow present application.

4. On the other hand, learned advocate for the respondent No.2 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. 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 respondent no.2 has requested not to exercise the powers in favour of the applicant by condoning the delay as sought for by the 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

R/CR.MA/5813/2022 ORDER DATED: 20/06/2022

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. 323 of 2022 is hereby condoned.

Present application stands disposed of. Rule is made absolute.

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