Ashokbhai Laxmanbhai Shevkani vs State Of Gujarat
2023 Latest Caselaw 8344 Guj

Gujarat High Court

Ashokbhai Laxmanbhai Shevkani vs State Of Gujarat on 1 December, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                   NEUTRAL CITATION




     R/CR.MA/16746/2023                              ORDER DATED: 01/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        16746 of 2023

         In F/CRIMINAL REVISION APPLICATION NO. 32161 of 2023
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                          ASHOKBHAI LAXMANBHAI SHEVKANI
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR NAREN B GADHVI(13530) for the Applicant(s) No. 1
MR PARTHVEER J CHARAN(11389) for the Applicant(s) No. 1
MR.L.B.DABHI, APP, for the Respondent(s) No. 1
RULE SERVED TO CONCERNED POLICE STN for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                 Date : 01/12/2023
                                  ORAL ORDER

1. This application is filed by the applicant for condonation of delay of 326 days which has occurred in filing the Criminal Revision Application to challenge the judgment and order dated 12.07.2022 by the Principal Family Court, Ahmedabad in proceedings arising out of the matrimonial dispute particularly for maintenance in Criminal Misc. Application No.2747 of 2017.

2. It is reported that the rule issued by this Court has been served to the concerned police station. Today, no one has appeared on behalf of the respondent No.2-wife.

3. Learned advocate for the applicant submitted that the applicant has deposited an amount of Rs.2,50,000/- with the Family Court, receipt of which the learned advocate is having in his file. Learned advocate further submitted that the ground for challenge is genuine as the applicant post Covid period has lost his job. Not only that the

NEUTRAL CITATION

R/CR.MA/16746/2023 ORDER DATED: 01/12/2023

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mother of the applicant who is dependent on him is suffering with Cancer.

4. Considering the fact that the root is that of a matrimonial dispute between the husband and wife and the proceedings pertain to the maintenance where the applicant has now deposited an amount of Rs.2,50,000/- with the Family Court concerned, a case is made out for condoantion of delay. Hence, delay of 326 days caused in preferring the Criminal Revision Application is condoned. Accordingly, the application is allowed. Registry to list the Criminal Revision Application in seriatim.

(A.Y. KOGJE, J) SIDDHARTH