Gujarat High Court
Dipakkumar Manilal Dave vs Prabhunath Balunath Jogi on 25 January, 2024
NEUTRAL CITATION
R/CR.MA/20476/2023 ORDER DATED: 25/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
20476 of 2023
In F/CRIMINAL APPEAL NO. 41312 of 2023
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DIPAKKUMAR MANILAL DAVE
Versus
PRABHUNATH BALUNATH JOGI
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Appearance:
MR HARDIK H DAVE(6295) for the Applicant(s) No. 1
MR S S PARIKH(11335) for the Applicant(s) No. 1
MR. BHARGAV K MEHTA(7094) for the Respondent(s) No. 1,2
MS MONALI BHATT, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 3
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 25/01/2024
ORAL ORDER
1. Learned advocate Mr.Bhargav Mehta has filed affidavit
objecting the delay, the same is ordered to be taken on
record.
2. This application is filed praying to condone the delay
occurred in preferring the appeal under Section 14A of
the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, by which the learned Special
Court acquitted the respondent-accused for the offence
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R/CR.MA/20476/2023 ORDER DATED: 25/01/2024
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punishable under Sections 504, 506(2) and 114 of the
Indian Penal Code and under Section 3(1)(r)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
3. Explanation offered in the explanation with regard to the
delay is stated herein below:
"a. That delay has primarily been caused in arranging
for records and proceedings in order to obtain
appropriate legal assistance.
b. The applicant herein was also attempting to gain the
legal advice he needed to file the Criminal Appeal. The
present Applicant has a very good case on merit which
can be considered only after the unintentional delay
caused in preferring this appeal is condoned.
c. The applicant herein is a member of the Scheduled
Caste/Scheduled Category. The applicant had to arrange
for the funds necessary to make the present appeal.
Hence, also, the present application may be considered.
d. That the present applicant has more to lose in not
preferring the present appeal and that if the present
application is allowed, no prejudice can be said to be
caused to the Respondent.
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R/CR.MA/20476/2023 ORDER DATED: 25/01/2024
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e. That the effect of non-grant of the present
Application would result in grave injustice to the
applicant.
f. The applicant submits that the delay is not
intentional and the same deserves to be condoned in
the interest of justice."
4. Opposing this application, learned advocate Mr.Bhargav
Mehta place reliance on the affidavit and submits that
'Dave' surname does not come into the SC & ST and OBC.
The complainant was cross examined and during the
cross examination, he admitted that he went to the police
station without caste certificate. Learned advocate
Mr.Bhargav Mehta further relies on the cross examination
wherein the admission was made by the complainant that
civil disputes are pending between the applicant and the
respondent-accused. Learned advocate Mr.Mehta further
submits that as per the evidence of PW 6 it transpires
that, she belongs to Pethapur, Dave Vas. Learned
advocate Mr.Mehta further relies on the cross
examination of one Priyankaben Kiranbhai Dave and
Urviben and submits that though the complainant is not
belonging to the Scheduled Caste, on the basis of false
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R/CR.MA/20476/2023 ORDER DATED: 25/01/2024
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FIR prosecution was lodged, whereby the respondent-
accused was implicated. Learned advocate Mr.Mehta
further relies on the judgment rendered by the learned
trial Court and submits that after considering the material
placed on record, learned trial Court had acquitted the
respondent-accused and therefore, no interference is
required in the main appeal, and therefore, delay
condonation application is required to be dismissed.
5. Considering the submissions advanced by the learned
advocates for the respective parties, it transpires that
this application is filed for condonation of delay of 76
days occurred in preferring the application for seeking
leave to prefer an appeal as well as Criminal Appeal
challenging the acquittal order.
6. Considering the explanation offered in the application
and considering the length of delay i.e. 76 days occurred
occurred in preferring the application for seeking leave to
prefer an appeal as well as Criminal Appeal, this Court is
of the view that instead of going into the merits of the
case at this stage, explanation offered in the application
is required acceptance and main matter is required to be
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R/CR.MA/20476/2023 ORDER DATED: 25/01/2024
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heard on merit and therefore, this application for
condonation of delay is required to be allowed.
7. In view of above, this Court deems it fit to allow this
application. Hence, present application is allowed. Delay
i.e. 76 days occurred occurred in preferring the
application for seeking leave to prefer an appeal as well
as Criminal Appeal is condoned. Rule is made absolute
accordingly.
(M. K. THAKKER,J)
M.M.MIRZA
