Lalitbhai Tulsibhai Shingadiya vs Mantrishri Mansukh M. Nanera Of Shri ...
2024 Latest Caselaw 2944 Guj

Gujarat High Court

Lalitbhai Tulsibhai Shingadiya vs Mantrishri Mansukh M. Nanera Of Shri ... on 1 April, 2024

                                                                          NEUTRAL CITATION




   R/CR.MA/2475/2024                        ORDER DATED: 01/04/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          2475 of 2024
        In F/CRIMINAL MISC.APPLICATION NO. 2476 of 2024
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              LALITBHAI TULSIBHAI SHINGADIYA
                           Versus
MANTRISHRI MANSUKH M. NANERA OF SHRI BODAKI DUDH U.S.M.L &
                           ANR.
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Appearance:
MS NAMRATA H DAVE(10172) for the Applicant(s) No. 1
MS VRUNDA SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 2
RULE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                        Date : 01/04/2024

                          ORAL ORDER

1. This is an application filed by the applicant under Section

5 of the Limitation Act for condonation of delay of 31

days occurred in filing the criminal appeal against the

judgment and order of acquittal dated 17.10.2023 passed

by the learned Judicial Magistrate First Class in Criminal

Case No.210 of 2017.

2. Though endorsement on the cause list shows that Rule is

served and as per the report filed by the Registry the

same is served on 22.02.2024.

3. Considering the explanation offered in the application

and the length of delay i.e. 31 days occurred filing the

NEUTRAL CITATION

R/CR.MA/2475/2024 ORDER DATED: 01/04/2024

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criminal appeal coupled with the fact that though Rule is

served, no one has appeared either in-person or through

an advocate, this Court deems it fit to allow this

application.

4. Hence, this application is allowed. Delay of 31 days

occurred in preferring the criminal appeal is condoned.

Rule is made absolute accordingly.

(M. K. THAKKER,J) M.M.MIRZA