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CR.MA/1047/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1047 of 2006
In
CRIMINAL
REVISION APPLICATION No. 53 of 2006
=========================================================
SHRI
VIMUKTI JATI KALYAN MANDAL - Applicant(s)
Versus
STATE
OF GUJARAT & 9 - Respondent(s)
=========================================================
Appearance
:
HL
PATEL ADVOCATES for
Applicant(s) : 1,
MRS FD PATEL APP for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 -
10.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 08/07/2008
ORAL
ORDER
1. The
applicant has preferred this application to condone delay of 10
days caused in filing Criminal Revision Application No. 53 of 2006.
2. The
applicant lodged compliant in the Court of learned J.M.F.C.,
Khedabrahma against the opponents No.2 to 11. Learned Magistrate
dismissed the complaint by his order dated 15-10-2005. Being
aggrieved by the said decision, the applicant preferred Criminal
Revision Application No. 53 of 2006. But there is delay in filing of
the proceedings. Therefore, this application to condone delay has
been filed.
3. I
have heard learned advocate Mr. Dhaval Vakil for the applicant and
learned A.P.P. Mrs. F.D. Patel, for opponent No.1 State, at length
and in great detail. The Board indicates that notice of Rule is
served to respondents No.2 to 10, but none appeared.
4. Having
regard to the oral submissions and the averments made in the
application, it appears that there is no inaction or negligence on
the part of the applicants in preferring the proceedings. Delay is
caused in following the administrative procedure. Therefore, delay
cannot be attributed to the applicant. The applicant has shown
sufficient grounds for condonation of delay. Hence, this application
is required to be allowed.
5. In
the result, this application is allowed and delay of 10 days caused
in preferring Criminal Revision Application No. 53 of 2006 is
condoned. Rule is made absolute.
(Bankim
N. Mehta,J.)
/JVSatwara/
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