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CR.MA/7090/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7090 of 2006
In
CRIMINAL
REVISION APPLICATION No. 452 of 2006
=========================================================
HIRASING
GULABSING VASAVE - Applicant(s)
Versus
THE
STATE OF GUJARAT & 12 - Respondent(s)
=========================================================
Appearance
:
MR
EE SAIYED for
Applicant(s) : 1,MRS MUMTAZ SAIYED for Applicant(s) : 1,
PUBLIC
PROSECUTOR for Respondent(s) : 1,
RULE UNSERVED for Respondent(s)
: 2 - 3,5 - 13.
MR DP KINARIWALA for Respondent(s) : 2 - 13.
RULE
SERVED for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 31/08/2007
ORAL
ORDER
1. The
applicant has filed this application to condone delay of 123 days
caused in filing Criminal Revision Application No. 452/06.
2. The
opponents No. 2 to 13 were prosecuted for the offences punishable
under section 143, 147, 148, 149, 324, 337, 504, 506 of I.P Code. The
learned Addl. Sessions Judge, Presiding Officer, 7th Fast Track
Court, Vyara by judgment dated 30.11.05 in Sessions Case No. 29/02
acquitted the opponents accused. Therefore, revision application
has been filed by the original complainant against the order of
acquittal and there is delay in filing of Revision Application.
3. I
have heard learned advocate for the parties and learned APP Ms
Meeta Panchal for the State.
4. Considering
the oral submissions and averments made in para 3 of the
application, it appears that there is no negligence or in-action on
the part of the applicant in preferring the revision Application.
The applicant has made out sufficient grounds for condonation of
delay and therefore delay caused in filing Revision Application is
required to be condoned.
3. In
view of above, this application is allowed. Delay of 123 days caused
in filing of revision application is condoned. Rule is made absolute
accordingly.
(Bankim
Mehta,J)
mary//
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