Gujarat High Court Case Information System
Print
CR.MA/2537/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No.2537 of 2010
In
CRIMINAL
REVISION APPLICATION No.158 of 2010
===================================================
GANIBHAI
ISMAILBHAI VADHER - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
===================================================
Appearance
:
MR SANDIP M PATEL for Applicant(s)
: 1,
MR KL PANDYA, APP for Respondent(s) : 1,
RULE SERVED for
Respondent(s) :
2,
===================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 14/05/2010
ORAL
ORDER
By
this application, under Section 5 of the Limitation Act, the
applicant seeks condonation of delay of 179 days caused in filing
Criminal Revision Application No.158 of 2010.
Heard
Mr.Sandip M. Patel, learned advocate for the applicant and
Mr.K.L.Pandya, learned Additional Public Prosecutor for the
respondent No.1-State. Despite service of notice there is no
appearance on behalf of the respondent No.2.
Learned
advocate for the applicant has reiterated what is stated in the memo
of application and more particularly what is stated in Paragraph
Nos.3 and 4 thereof.
Having
regard to the averments made in Paragraph Nos.3 and 4 of the memo of
application as well as in the light of the decision of the Apex
Court in the case of Collector, Land Acquisition, Anantnag &
Ors. Vs. Katiji and Ors., reported in AIR 1983 SC 1353, this
Court is of the view that sufficient cause is made out for the delay
caused in filing Criminal Revision Application No.158 of 2010.
For
the foregoing reasons, the application succeeds and is accordingly
allowed. The delay caused in filing Criminal Revision Application
No.158 of 2010 is hereby condoned. Rule is made absolute accordingly
with no order as to costs.
Sd/-
[
H.N.DEVANI, J]
***
Bhavesh*
Top