Harjitsinh Vijaysinh Solanki vs Umeshbhai Rajnikant Dangarwala on 20 June, 2019

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Gujarat High Court

Harjitsinh Vijaysinh Solanki vs Umeshbhai Rajnikant Dangarwala on 20 June, 2019

Bench: R.P.Dholaria

       R/CR.MA/6457/2019                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/CRIMINAL MISC.APPLICATION NO. 6457 of 2019
         In R/CRIMINAL MISC.APPLICATION NO. 6455 of 2019
                              With
          R/CRIMINAL MISC.APPLICATION NO. 6455 of 2019
==========================================================
                  HARJITSINH VIJAYSINH SOLANKI
                              Versus
                UMESHBHAI RAJNIKANT DANGARWALA
==========================================================
Appearance:
MS. MEGHNA A PATEL(6651) for the Applicant(s) No. 1
MS DEVANGI SOLANKI, ADVOCATE FOR
MR NV GANDHI(1693) for the Respondent(s) No. 1,3
MR PARTHIV B SHAH(2678) for the Respondent(s) No. 4
MS HANSA PUNANI, APP for the Respondent(s) No. 5
UNSERVED EXPIRED (N)(9) for the Respondent(s) No. 2
==========================================================

 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

                           Date : 20/06/2019
                            ORAL ORDER

Order in Criminal Misc. Application No.6457 of 2019

1. The applicant has filed this application under Section 5 of the Limitation Act with prayer to condone the delay of 400 days caused in filing criminal appeal.

2. Ms. Devangi Solanki, learned advocate for Mr. Nehal Gandhi, learned advocate for respondent nos.1 and 3 and Mr. Parthiv B. Shah, learned advocate for respondent no.4 have opposed to grant the present application.

3. Having heard learned advocates appearing for the respective parties and on perusal of record of the case, it appears that the applicant has made sufficient cause to condone the delay, and therefore, delay of 400 days is hereby condoned.

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R/CR.MA/6457/2019 ORDER

4. The present Criminal Misc. Application stands disposed of accordingly. Rule is made absolute.

Order in Criminal Misc. Application No.6455 of 2019

1. This is an application preferred by the applicant under Section 378(4) of the Code of Criminal Procedure, 1973 for leave to appeal against the judgment and order of acquittal dated 17.12.2017 passed in Criminal Case No.38568 of 1998 (Old Case No.2152 of 1998) by learned Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara.

2. Rule. Ms. Devangi Solanki, learned advocate for Mr. Nehal Gandhi, learned advocate for respondent nos.1 and 3 waives service of rule for respondent nos.1 and 3 and Mr. Parthiv B. Shah, learned advocate waives service of rule for respondent no.4 and Ms. Hansa Punani, learned APP waives service of rule for the respondent no.5-State.

3. Heard learned advocate for the applicant, learned advocates for private respondents and learned APP for the respondent-State.

4. Considering the averments made in the application supported by affidavit as well as arguments advanced by learned advocate for the applicant that acquittal is not on merits, but his complaint came to be dismissed for want of prosecution, it appears that leave to appeal deserves to be granted. Accordingly, this application is allowed in terms of Para-7(a). Rule is made absolute.

(R.P.DHOLARIA, J) TAUSIF SAIYED Page 2 of 2 Downloaded on : Sun Jun 30 20:25:12 IST 2019

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