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CR.MA/2169/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2169 of 2008
In
CRIMINAL
MISC.APPLICATION No. 1693 of
2008
=========================================================
MAHESHBHAI
JAYANTILAL PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
CB DASTOOR for
Applicant(s) : 1,
MR LR PUJARI ASST. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 09/09/2008
ORAL
ORDER
1. RULE.
Mr. Pujari, learned APP waives the service of rule on behalf of
respondent No.1-State. None appears on behalf of respondent Nos.2 to
6.
2. By
way of this application, the applicant has prayed to condone the
delay of thirty one days occurred in filing Criminal Misc.
Application No.1693 by which the applicant has prayed to grant him
leave to prefer an appeal against the judgment and order of acquittal
passed by the learned Chief Judicial Magistrate, Anand in Criminal
Case No.1980 of 2007 dated 06.09.2007.
3. So
far as the aspect of challenging the order of the trial Court is
concerned, the appropriate remedy for the original
complainant-applicant, herein, would have been to challenge the same
by way of filing revision application under the provisions of Section
378(4) of the Criminal Procedure Code. But, the applicant has instead
sought permission to prefer criminal appeal. Hence, the applicant is
permitted to convert the Criminal Appeal into Criminal Revision
Application. The period of limitation to file a revision applicant is
of 90 days. Hence, since the criminal appeal is permitted to be
converted into revision application, the question of delay does not
arise as the appeal or the converted revision application is filled
well within the period of limitation. Hence, the application stands
disposed of.
(M.D.
Shah, J.)
Umesh/
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