Navghanbhai Juvabhai Chauhan vs State Of Gujarat
2023 Latest Caselaw 8649 Guj

Gujarat High Court

Navghanbhai Juvabhai Chauhan vs State Of Gujarat on 13 December, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                  NEUTRAL CITATION




     R/CR.MA/17113/2023                              ORDER DATED: 13/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        17113 of 2023
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                          NAVGHANBHAI JUVABHAI CHAUHAN
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR P B KHANDHERIA(5228) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4,5,6,7,8,9
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                 Date : 13/12/2023

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. On 30.11.2023, this Court has passed the following order:

"Though served, no one has chosen to appear on behalf of the respondent Nos.2 to9. Stand over to 13.12.2023."

2. Today, also no one has chosen to appear on behalf of the respondents.

3. Learned advocate Mr. Khandheria for the applicant submitted that the delay of 185 days in preferring the captioned criminal appeal challenging the judgment and order of acquittal dated 12.1.2023 passed by the learned 8 th Additional Sessions Judge, at Mirzapur, Ahmedabad (Rural) in the proceedings of Sessions Case No.24 of 2018.

NEUTRAL CITATION

R/CR.MA/17113/2023 ORDER DATED: 13/12/2023

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4. Learned advocate in support of his submission placing reliance on the judgment of the Hon'ble Apex Court in the case of N. Balakrishnan V.N. Krishnamurthy reported in AIR 1998 SC 3222.

5. Since the respondent, despite service of process of this Court, has not filed appearance; the averments made in the application stand uncontroverted.

6. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, we are inclined to allow this application. The delay of 185 days in preferring the captioned criminal appeal requires to be condoned. The same is hereby condoned.

7. The present application stands allowed.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) prk