[Cites 4, Cited by 0]
Gujarat High Court
Central Bureau Of Investigation Thro ... vs Shilpaben Patel on 29 April, 2026
NEUTRAL CITATION
R/CR.RA/1371/2019 JUDGMENT DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
PASSED BY SUBORDINATE COURT) NO. 1371 of 2019
With
R/CRIMINAL MISC.APPLICATION NO. 19651 of 2019
In
R/CRIMINAL REVISION APPLICATION NO. 1371 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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CENTRAL BUREAU OF INVESTIGATION THRO K.K.SHUKLA S/O
AMARNATH SHUKLA
Versus
SHILPABEN PATEL & ANR.
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Appearance:
MR RC KODEKAR(1395) for the Applicant(s) No. 1
MS GAYATRIBA B JADEJA(5152) for the Respondent(s) No. 1
MR ROHAN H. RAVAL, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 29/04/2026
JUDGMENT
ORDER IN CRIMINAL MISC. APPLICATION NO.19651 OF 2019
(FOR CONDONATION OF DELAY)
The present application has been filed under Section 5 of the
Limitation Act for condonation of delay of 222 days caused in filing the
captioned Criminal Revision Application on the ground of administrative
NEUTRAL CITATION
R/CR.RA/1371/2019 JUDGMENT DATED: 29/04/2026
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approval and other administrative reasons. Having heard the learned
advocates for the respective parties and considering the averments
made in this application, it appears that sufficient cause is made out to
condone the delay and in view of the judgment passed by the Hon'ble
Apex Court in the case of N. Balakrishnan vs. N. Krishnamurthy,
reported in AIR 1998 SUPREME COURT 3222, therefore, the delay
of 222 days as explained by the learned advocate for the applicant is
considered. The application is accordingly allowed.
ORDER IN CRIMINAL REVISION APPLICATION NO.1371 OF
1) By way of present revision application under Sections 397 read
with 401 of the Code of Criminal Procedure, 1973, the applicant
has sought following relief :
"(i) Quash and set aside the Discharge Order dated
02.11.2018 passed by the Ld. Special judge (C.B.I) No.02
at Ahmedabad City to the extent of discharging the above
named respondent in Special Case No. 02/2003 and
19/2013 and direct the respondent No. 1 to face the trial
according to the law."
2) The applicant by way of present application has assailed the
order dated 02.11.2018 passed by the learned Special Judge,
CBI Court No.2, Ahmedabad City in Special Case Nos.02/2003
and 19/2013, wherein, the learned Special CBI Judge, Court
No.2, Mirzapur, Ahmedabad, has been pleased to discharge the
respondent no.1 from the charges levelled against her.
NEUTRAL CITATION
R/CR.RA/1371/2019 JUDGMENT DATED: 29/04/2026
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3) Having heard the learned Advocates, this Court is of the
considered view that since the order of discharge is passed in
the year 2018 and sufficient time has been passed and trial is
substantially progressed. In view of the above, at this stage it is
not expedient to enter into the merits or demerits of the
discharge application.
4) However, it is kept open for the applicant that if during the
recording of the evidence of prosecution if any evidence is put
forward or any application is made by the CBI to arraign an
accused under Section 319 of the Code of Criminal Procedure /
Section 358 of the Bharatiya Nagarik Suraksha Sanhita, the
learned trial Court shall decide the same independently on its
own merit if some evidence is lead by the prosecution.
5) With aforesaid liberty the present revision application stands
disposed of. This Court has not gone into the merit of the case.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
