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CR.MA/6427/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6427 of 2011
In
CRIMINAL
MISC.APPLICATION No. 2670 of 2011
=========================================
JAGRUTIBEN
NAVINCHANDRA BISCUITWALA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
UTPAL M PANCHAL for
Applicant(s) : 1,
MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/09/2011
ORAL
ORDER
[1] Present
application is filed by the applicant to condone delay in filing
criminal misc. application. Though notice of rule is served to
respondent no.2, nobody appears.
[2] Taking
into consideration averments made in the application and same has not
been controverted by the other side by filing an affidavit and also
in view of principles governing the discretionary power under section
5 of the Limitation Act, I am of the view that sufficient cause has
been stated for not filing the criminal misc. application in time and
hence, delay caused in filing criminal misc. application is to be
condoned and application is required to be allowed.
[3] For
the reasons stated above, application is allowed. Delay caused in
filing criminal misc. application is condoned. Rule is made absolute
to the aforesaid extent. Office is directed to list Criminal Misc.
Application No.2670 of 2011 for hearing on 27.09.2011.
[M.D.Shah,
J.]
satish
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