Alpa D/O Fatesinh Veljibhai Choudhary vs State Of Gujarat
2023 Latest Caselaw 8265 Guj

Gujarat High Court

Alpa D/O Fatesinh Veljibhai Choudhary vs State Of Gujarat on 28 November, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                    NEUTRAL CITATION




     R/CR.MA/17178/2023                                ORDER DATED: 28/11/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        17178 of 2023
                             In
      F/CRIMINAL REVISION APPLICATION NO. 19358 of 2023
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                         ALPA D/O FATESINH VELJIBHAI CHOUDHARY
                                            Versus
                                     STATE OF GUJARAT
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Appearance:
MR RAJESH K KANANI(2157) for the Applicant(s) No. 1
JUHI M TALATI(7822) for the Respondent(s) No. 2
MR DEVANSH H NAIK(11318) for the Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                   Date : 28/11/2023
                    ORAL ORDER

1. This application is for condoning the delay of 12 days in preferring the Revision Application against the judgment and order dated 13.02.2023 by the Additional City Sessions Judge, Ahmedabad in Sessions Case No.587 of 2021 whereby the discharge application of the respondent No.2 came to be allowed.

2. When the matter is called out, learned advocate for the applicant is absent. However, considering the delay of only 12 days and being explained sufficiently in the pleadings, the matter is taken up for hearing with the assistance of the learned APP.

3. It appears that by order dated 27.09.2023, rule has been issued. However, none has appeared on behalf of the respondent.

NEUTRAL CITATION

R/CR.MA/17178/2023 ORDER DATED: 28/11/2023

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4. The Court has taken into consideration the averments made in para-3 and 4 referring to the impending vacation period during which the petitioner had to make arrangement to file Revision Application as a result of which delay of only 12 days appears to have occurred in preferring the Revision Application.

5. Considering the fact that the delay of 12 days not being inordinate and has been explained sufficiently in para- 3 and 4 of he application. It would be appropriate to allow the delay condonation application and hence the application is allowed. The delay of 12 days is condoned in preferring the Revision Application against the judgment and order dated 13.02.2023 by the Additional City Sessions Judge, Ahmedabad in Sessions Case No.587 of 2021.

Registry to list the main matter in serietim.

(A.Y. KOGJE, J)

Manoj Kumar Rai