Rajubhai M Pankhaniya vs State Of Gujarat
2023 Latest Caselaw 1658 Guj

     R/SCR.A/2357/2023                            ORDER DATED: 17/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 2357 of 2023

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                         RAJUBHAI M PANKHANIYA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR YASH H JOSHI(6495) for the Applicant(s) No. 1
for the Respondent(s) No. 2
DIVYANGNA JHALA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 17/02/2023

                             ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.

2. With the consent of learned counsel appearing for the respective parties, the matter is taken up for final hearing today.

3. By way of the present application filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., the applicant prays for quashment of order of judgment and order of conviction and sentence dated 02.11.2022 passed by the learned 4 th Addl. Chief Judicial Magistrate at Jamnagar in Criminal Case No.9026 of 2020.

4. Heard Mr. Joshi, learned counsel for the petitioner and Ms. Jhala, learned APP for the respondent State.

R/SCR.A/2357/2023 ORDER DATED: 17/02/2023

5. Having heard learned counsel appearing for the respective parties, this Court is of the view that, the issue involved in the present application is squarely covered by the decision of Coordinate Bench dated 22.02.2017 delivered in case of Ishwarbhai Hirabhai Chunara vs. State of Gujarat & Anr. (Special Criminal Application No.9112 of 2016) and therefore, without much discussion, the applicant is directed to appear before the trial Court concerned and permitted to file an application under Section 389(3) of the Cr.P.C. As and when the appeal is filed against the impugned judgment and order of conviction, the Sessions Court shall not raise technical issue of limitation and shall process further in accordance with law. In the event of filing such application, the Court concerned shall pass appropriate orders in accordance with law within a period of 2 weeks from the date of receipt of this order.

6. The present application stands disposed of in the aforesaid terms accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(ILESH J. VORA,J) P.S. JOSHI