State vs Hidayatbhai on 28 April, 2010

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CR.MA/12769/2009	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 12769 of 2009
 

In


 

CRIMINAL
APPEAL No. 2190 of 2009
 

 
 
=========================================================

 

STATE
OF GUJARAT (FOR & ON BEHALF OF SHRI D G GAMIT) - Applicant(s)
 

Versus
 

HIDAYATBHAI
FAKIRMOHMMED MEMANOWNER OF RAJ TRADERS & 1 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
DEVANG VYAS, ADDL.PUBLIC PROSECUTOR
for
Applicant(s) : 1, 
RULE SERVED for Respondent(s) : 1 -
2. 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE H.B.ANTANI
		
	

 

Date
: 28/04/2010  
ORAL ORDER

This
is an application preferred by the applicant State under Sec.5 of the
Limitation Act for condoning delay of 27 days caused in preferring
the appeal before this Court against the judgment and order passed
below exh. 27 by the learned Judicial Magistrate First Class, Danta
in Criminal Case No. 1059 of 2008.

Considering
the averments made in the application and submissions canvassed by
the learned APP for the State, delay, in my view, has been
satisfactorily explained. There was no negligence or inaction on the
part of the applicant in prosecuting the remedy before this Court.

For
the foregoing reasons, the application is allowed. Delay is condoned.
Rule is made absolute.

[H.B.

ANTANI, J.]

pirzada/-

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