Gujarat High Court
State Of Gujarat vs Jitendrabhai @ Jitubhai ... on 20 June, 2022
Bench: Samir J. Dave
R/CR.MA/21580/2021 ORDER DATED: 20/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21580 of 2021
In R/CRIMINAL REVISION APPLICATION NO. 890 of 2021
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STATE OF GUJARAT
Versus
JITENDRABHAI @ JITUBHAI NARSINHBHAI PATEL
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Appearance:
MR RC KODEKAR, APP for the Applicant(s) No. 1
MR ANKUR Y OZA(2821) for the Respondent(s) No. 2
MR ROHIT S VERMA(3887) for the Respondent(s) No. 1
MR RUTURAJ NANAVATI(5624) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 20/06/2022
ORAL ORDER
By this application under section 5 of the Limitation Act,
1963, the applicant-State seeks condonation of delay of 99
days caused in filing the R/Criminal Revision Application No.
890 of 2021 against the judgment and order dated
07.09.2019 passed by learned City Sessions Court, Ahmedabad
in Special ACB Case No. 9 of 2017.
Heard learned APP for the applicant-State and learned
advocate for the respondent.
It was submitted by learned APP for the applicant State
that as against the impugned order dated 07.09.2019 passed
by learned City Sessions Court, Ahmedabad in Special ACB
Case No. 9 of 2017, applicant-State has preferred Criminal
R/CR.MA/21580/2021 ORDER DATED: 20/06/2022
Revision Application under Section 397 read with 401 of Code
of Criminal Procedure and that order was passed by the
learned Trial court on 07.09.2019 below Ex. 8, 9, 11 and 15.
The legal department has issued the common notification to
challenge the order passed in the discharge application but as
there were 4 separate discharge application had been
preferred by the different accused and the said notification was
required modification. The Government Pleader office vide
communication dated 08.06.2021 had intimated the Secretary,
Legal Department to modify the GR No. 242 of 2019 on
24.03.2020 and pursuant to the issuance of the separate
notification, the legal department had rectified notification and
issued fresh GR No. 242/2019/Ahmedabad City/192/B on
01.07.2021. Thus, said delay was neither intentional nor
deliberate nor due to negligence on the part of any concerned
person/persons, but has occurred in complying with the
procedural formalities in the matter. Thus, learned APP for the
applicant-State has requested to allow present application.
On the other side, learned advocate for the respondents
haves strongly objected the submissions made by learned APP
for the applicant and submitted that no powers can be
exercised in favour of the applicant while condoning the delay
as sought for by the applicant-State. Thus, it was requested by
learned advocate for the respondents to dismiss present
R/CR.MA/21580/2021 ORDER DATED: 20/06/2022
application.
Having regard to the submissions advanced by the
learned APP for the applicant as well as learned advocates for
the respondents 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.
The application, therefore, succeeds and is accordingly,
allowed. The delay caused in filing the Criminal Revision
Application is hereby condoned.
Present Application stands disposed of. Rule is made
absolute.
(SAMIR J. DAVE,J)
K. S. DARJI
