Ashokkumar Chandulal Patel vs State Of Gujarat
2023 Latest Caselaw 8267 Guj

Gujarat High Court

Ashokkumar Chandulal Patel vs State Of Gujarat on 28 November, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                        NEUTRAL CITATION




     R/CR.MA/18119/2023                                    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.
                        18119 of 2023
                             In
      F/CRIMINAL REVISION APPLICATION NO. 36398 of 2023
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                            ASHOKKUMAR CHANDULAL PATEL
                                            Versus
                                    STATE OF GUJARAT
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Appearance:
MR ANIL R. THAKOR(10897) for the Applicant(s) No. 1
MR RAXIT J DHOLAKIA(3709) for the Respondent(s) No. 2,3,4
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 filed for condoning delay of 94 days in preferring the Revision Application.

2. When the matter is called out, the learned advocate for the applicant as well as private respondent is absent. However, considering the fact that the applicant before the Court is the original complainant who is challenging the order recording the acquittal of the accused and hence with the assistance of the learned APP, the matter is taken up for hearing.

3. From the pleadings, it appears that after the pronouncement of the impugned judgment and order, the applicant had to consult local practitioner, and thereafter, it took considerable time before the applicant could consult a legal practitioner of this Court and draft a Revision

NEUTRAL CITATION

R/CR.MA/18119/2023 ORDER DATED: 28/11/2023

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Application and filed before this Court and in this process it appears that delay of 94 days has occurred.

4. The Court has taken into consideration the fact that the applicant before the Court is the original complainant and the complaint had resulted into recording of an acquittal by the impugned judgment and order dated 31.03.2023 by the 3rd Additional Sessions Judge, Gandhinagar.

5. The Court has taken into consideration the pleadings wherein the applicant has explained the cause for delay.

Moreover, the delay of 94 days having been explained and not being inordinate. The case of the applicant deserves consideration.

6. In view of the aforesaid, the delay of 94 days in preferring the Revision Application against the judgment and order dated 31.03.2023 in Criminal Appeal No.50 of 2022 by the 3rd Additional Sessions Judge, Gandhinagar is hereby condoned.

Registry to list the main matter in serietim.

(A.Y. KOGJE, J) Manoj Kumar Rai