Yogeshbhai Labshankarbhai Joshi vs State Of Gujarat
2023 Latest Caselaw 2803 Guj

   R/CR.MA/22619/2022                                     ORDER DATED: 06/04/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 22619 of 2022

                In R/CRIMINAL APPEAL NO. 2453 of 2022
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                 YOGESHBHAI LABSHANKARBHAI JOSHI
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR SANDEEP R LIMBANI(5977) for the Applicant(s) No. 1
Ms. Maithily Mehta, Addl. PUBLIC PROSECUTOR                                 for     the
Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 06/04/2023
                    ORAL ORDER

Heard Mr. Sandeep Limbani, learned advocate for the applicant and Ms. Mehta, learned Additional Public Prosecutor for the respondent State.

From the record, it transpires that notice issued by this Court upon the respondent no.2 by order dated 24.3.2023is served by the applicant. The affidavit of service has also been placed on record confirming the service of notice to respondent no.2. Though served, respondent no.2 has chosen not to appear before this Court.

This application under Section 5 of the Limitation Act has been filed by the applicant- original complainant seeking condonation of delay of 71days caused in filing appeal challenging the impugned judgment and order of acquittal dated 21.5.2022 passed by the learned 3rd Additional Sessions Judge,

R/CR.MA/22619/2022 ORDER DATED: 06/04/2023

Amreli in Criminal Miscellaneous Application No.524 of 2015. It is contended before this Court that initially the impugned judgment and order was challenged by filing Special Criminal Application No.7980 of 2022. However, realizing that an appeal would lie under Section 341 of the Code of Criminal Procedure, said application was sought to be withdrawn with a liberty to file appeal. In such circumstances, delay of 71 days caused in presenting the appeal. Considering the aforesaid explanation, sufficient cause is made out to condone the delay of 71 days caused in filing Criminal Appeal. Hence, delay of 71 days caused in filing Criminal Appeal is hereby condoned. Accordingly, present application is allowed.

Registry is directed to notify the Criminal Appeal for admission hearing on 24.4.2023.

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD