Suryakant A Jadhav vs State Of Gujarat
2023 Latest Caselaw 7059 Guj

                                                                              NEUTRAL CITATION




     R/CR.MA/16880/2023                          ORDER DATED: 25/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 16880 of 2023

            In F/CRIMINAL MISC.APPLICATION NO. 26558 of 2023

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                          SURYAKANT A JADHAV
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR APURVA A DAVE(3777) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MS VRUNDA SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                            Date : 25/09/2023

                             ORAL ORDER

1. Heard Mr. Apurva Dave, learned advocate for the applicant - original complainant.

2. Rule returnable forthwith. Learned APP waives service of Rule on behalf of the respondent No.1 - State.

3. Noticing the minimal days involved for delay, this application is taken up for hearing in absence of respondent - accused.

4. This is an application under Section 5 of the Limitation Act praying for condonation of delay for 10 days caused in filing special leave to appeal along with criminal appeal against the impugned judgment and order of acquittal passed by the learned Additional District and Sessions Judge, Valsad at Vapi, in Criminal Revision Application No.27 of 2020.

NEUTRAL CITATION

R/CR.MA/16880/2023 ORDER DATED: 25/09/2023

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5. It is submitted by the learned advocate for the applicant that initially Criminal Revision Application was preferred against the impugned judgment and order of acquittal passed by the learned Sessions Judge. This Court noticing the fact of the case and after taking into consideration the judgment of Hon'ble Supreme Court in the case of Joseph Stephen and Ors. Vs. Santhanasamy and Ors. in Criminal Appeal No.90 - 93 of 2022, had held that the order of acquittal passed in case instituted upon the complaint, the complainant (other than the victim) can prefer an appeal against the order of acquittal as provided under Section 378(4) of Cr.P.C. subject to grant of special leave to appeal by High Court. This Court, therefore, directed the Registry to convert the said Criminal Revision Application No.846 of 2023 as appeal under Section 378(4) of Cr.P.C. The Court further directed the present applicant to move an appropriate application seeking special leave to appeal. Hence, this application at the instance of original complainant.

6. Learned advocate while drawing attention of this Court to the aforesaid fact, has submitted that in the aforesaid process, the delay of 10 days was caused in moving special leave to appeal. He, therefore, urged this Court to condone the delay in the interest of justice.

7. Having heard the learned advocate for the applicant and having perused the order dated 14.07.2023 passed by the Coordinate Bench in Criminal Revision Application No.846 of 2023 and the averments made in the application, in the opinion of this Court, present application seeking condonation of delay of 10 days

NEUTRAL CITATION

R/CR.MA/16880/2023 ORDER DATED: 25/09/2023

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in moving special leave to appeal along with criminal appeal requires consideration. Sufficient cause has been pointed out by the applicant in not presenting application for special leave to appeal within prescribed period of limitation. Even otherwise, this Court notices that the Court has also directed the Registry to treat the Criminal Revision Application, which was otherwise filed within the period of limitation to be converted into appeal subject to presenting application for special leave to appeal. Hence, this application seeking condonation of delay is hereby allowed. Rule is made absolute.

(NISHA M. THAKORE,J) Y.N. VYAS