Gujarat High Court
Rashidbhai Mohamadbhai Shaikh vs State Of Gujarat & on 27 November, 2013
Author: G.B.Shah
Bench: G.B.Shah
RASHIDBHAI MOHAMADBHAI SHAIKH....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/14010/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 14010 of 2013 In CRIMINAL MISC.APPLICATION NO. 14009 of 2013 ================================================================ RASHIDBHAI MOHAMADBHAI SHAIKH....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MS MEENA VYAS, ADVOCATE for the Applicant(s) No. 1 HL PATEL ADVOCATES, ADVOCATE for the Respondent(s) No. 2 MR.K.L.PANDYA, APP, for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE G.B.SHAH Date : 27/11/2013 ORAL ORDER
This application has been preferred by the applicant-original complainant under Section-5 of the Limitation Act, 1963, with a prayer to condone the delay of 358 days that has occurred in filing the appeal against the judgment and order dated 22.04.2013 passed by the 2nd Additional Sessions Judge, Kheda at Nadiad in Criminal Case No.1233 of 2010.
Heard learned advocate Ms.Meena Vyas for the applicant-original complainant and learned advocate Mr. Bhaumik Patel for H.L.Patel Advocates for Respondent No.2 as well as learned APP Mr.K.L.Pandya for Respondent No.2-State of Gujarat.
3. Learned advocate Ms.Meena Vyas for the applicant has drawn the attention of this Court on paragraph Nos.3 and 4 of the present application and submitted that before the wrong forum, the applicant herein has preferred the Criminal Appeal under Section 372 of the Code of Criminal Procedure, 1973 and challenged the order passed by the Trial Court and thereafter, the said appeal came to be dismissed by the concerned District Judge without entering into the merits on the ground of jurisdiction and in light of the said order, the applicant herein has preferred the present appeal under Section 378(4) of the Code of Criminal Procedure, 1973 and thus, the delay of 358 days has occurred in filing the present appeal. It appears that the averments made on oath by the applicant has not been controverted by Respondent No.2.
3. Having heard learned advocates for the parties and upon perusal of the averments made in the application, it transpires that the applicant-original complainant has shown sufficient cause for condonation of delay in paragraph Nos.3 and 4 thereof. The record does not reveal that there has been any carelessness or negligence on the part of the applicant in preferring the present application.
4. The prayers made in the application, therefore, deserve to be granted.
5. Under the circumstances, inspite of the fact that 358 days delay is required to be condoned, but considering the fact that the applicant herein has chosen wrong forum, present application is hereby allowed and delay of 358 days that has occurred in filing the appeal against the judgment and order 22.04.2013 passed by the 2nd Additional Sessions Judge, Kheda at Nadiad in Criminal Case No.1233 of 2010, is hereby condoned. Rule is made absolute, accordingly.
7. Leave to Appeal be listed on 11.12.2013.
(G.B.SHAH, J.) siddharth// Page 3 of 3