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CR.MA/11955/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11955 of 2009
In
CRIMINAL
REVISION APPLICATION No. 642 of 2009
With
CRIMINAL
REVISION APPLICATION No. 642 of 2009
=========================================================
ALLAUDDIN
ABDULJI RANGREJ & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VK JOSHI for
Applicant(s) : 1 - 5.
MR RC KODEKAR, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 03/02/2010
ORAL
ORDER
The
applicants have prayed for condonation of delay of 1095 days for
filing the revision application. Considering the extent of delay, I
had also with the assistance of the Counsel perused the issues
arising in the revision application. In the revision application,
order dated 11.7.2006 passed by the learned Additional Sessions Judge
is under challenge. By the said order, learned Judge has remanded the
Chapter Case proceedings to the Executive Magistrate who had
previously closed the proceedings on the ground that civil suit
between the parties is pending and parties shall abide by the
ultimate outcome therein.
Learned
Counsel for the applicants submitted that said Civil Suit is still
pending and in any case, the proceedings were barred by limitation.
It
will be open for the applicants to raise all such contentions before
the Executive Magistrate. However, considering that order passed by
learned Additional Sessions Judge is essentially an order of remand,
revision application is not entertained. Consequently application for
delay condonation is also dismissed.
Both
proceedings stand disposed of accordingly.
(Akil
Kureshi,J.)
(raghu)
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