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SCR.A/1473/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1473 of 2009
=========================================================
BHOLABHAI
HIRABHAI PATEL - Applicant(s)
Versus
GOVINDBHAI
MOHANBHAI PATEL & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HARSHAD K PATEL for
Applicant(s) : 1,
None for Respondent(s) : 1 - 3.
MR KP RAVAL,
APP for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 02/02/2010
ORAL
ORDER
Petitioner
is original complainant. He has challenged an order dated 03.08.2006
passed by the learned Judicial Magistrate First Class, Prantij as
well as an order dated 09.04.2009 passed by the learned Sessions
Judge, Sabarkantha.
Against
the present petitioner and the private respondents, there are cross
criminal cases. Both cases were disposed of on the same day. In the
complaint lodged by the petitioner, the accused came to be acquitted
by judgment dated 03.08.2006. Petitioner preferred revision
application before the Sessions Court. However, there was
considerable delay in filing such application. He, therefore, filed a
separate delay condonation application, which came to dismissed by
the learned Sessions Judge by his impugned order dated 09.04.2009.
In
the order itself, the learned Sessions Judge has observed that in
both cross cases, judgment was delivered on the same day. Petitioner
was acquitted in the cross case. Respondents were also acquitted
from the case filed by the petitioner. Apparently there was
compromise between the parties. Petitioner was aware about such
development, despite which he moved the revision applications after
more than two years.
From
the above aspects of the matter, I find no reason to interfere with
the order passed by the Sessions Court. Apparently, the petitioner
had not made out sufficient grounds for condonation of delay. Same
was rightly turned down.
Petition
is, therefore, dismissed.
(Akil
Kureshi, J.)
menon
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