Atulbhai Vithalbhai Bhanderi S/O ... vs State Of Gujarat
2024 Latest Caselaw 5105 Guj

Gujarat High Court

Atulbhai Vithalbhai Bhanderi S/O ... vs State Of Gujarat on 20 June, 2024

                                                                               NEUTRAL CITATION




   R/CR.MA/9759/2024                             ORDER DATED: 20/06/2024

                                                                               undefined




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         9759 of 2024

                  In F/CRIMINAL APPEAL NO. 7724 of 2024

                               With
            R/CRIMINAL MISC.APPLICATION NO. 9818 of 2024
                                 In
                 F/CRIMINAL APPEAL NO. 7725 of 2024
==========================================================
    ATULBHAI VITHALBHAI BHANDERI S/O VITHALBHAI BHANDERI
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR ANAND B GOGIA(5849) for the Applicant(s) No. 1
MR. GAURAV A. GOGIA(14128) for the Applicant(s) No. 1
MR.MITESH AMIN ADDITIONAL ADVOCATE GENERAL for the
Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                            Date : 20/06/2024

                              ORAL ORDER

1. Rule returnable forthwith. Learned Additional Advocate

General Mr.Mitesh Amin waives the service of notice of

rule on behalf of respondent-State.

2. This application is filed for condonation of delay of 513

days for filing the present appeal. Considering the

explanation offered in the application more particularly in

paragraph No.2 and 3 and considering the judgment

rendered by the Apex Court in the case of Laxmi

NEUTRAL CITATION

R/CR.MA/9759/2024 ORDER DATED: 20/06/2024

undefined

Srinivasa R and P Boiled Rice Mill vs. State of

Andhra Pradesh and another, reported in 2022 SCC

OnLine SC 1790, wherein the Apex Court has held that

the period which is consumed in proceedings, which was

initiated before the wrong forum is to be excluded.

Relevant paragraphs No.3 and 4 are reproduced

hereinbelow:

"3. It is an accepted position that the appellant had filed a writ petition before the High Court on 24.02.2018, which was not entertained vide the order dated 07.03.2018 on the ground that the appellant should approach the Appellate Authority. The appellant is entitled to ask for exclusion of the said period in terms of Section 14 of the Limitation Act, 1963. Exclusion of time is different and cannot be equated with condonation of delay. The period once excluded, cannot be counted for the purpose of computing the period for which delay can be condoned. Of course for exclusion of time under Section 14 of the Limitation Act, 1963, the conditions stipulated in Section 14 have to be satisfied.

4. In the facts of the present case, we find that the period from the date of filing of the writ petition on 24.02.2018 and the date on which it was dismissed as not entertained viz. 07.03.2018, should have been Bona fides of the appellant in filing the writ petition are not challenged. Further, immediately after the dismissal of

NEUTRAL CITATION

R/CR.MA/9759/2024 ORDER DATED: 20/06/2024

undefined

the writ petition, the appellant did file an appeal before the Appellate Authority. On exclusion of the aforesaid period, the appeal preferred by the appellant would be within the condonable period. Accordingly, we direct that the application for condonation of delay filed by the appellant would be treated as allowed. The delay is directed to be condoned."

3. In view of the above, the delay which caused in preferring

this appeal appears to be genuine and, therefore the

same is required to be allowed.

4. Resultantly, this application for condonation of delay is

allowed. Delay of 513 days occurred in preferring the

criminal appeal is condoned. Rule is made absolute

accordingly.

(M. K. THAKKER,J) NIVYA A. NAIR