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CR.MA/12475/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12475 of 2008
In
CRIMINAL
REVISION APPLICATION No. 647 of 2008
=========================================================
SUSIL
MOTILAL MEHTA & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
NIRUPAM NANAVATY with MR. YASH N NANAVATY for Applicants : 1 - 5.
MR
AJ DESAI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
MRS
SHILPA R SHAH for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 07/10/2008
ORAL
ORDER
Rule. Mr. A.J.
Desai, learned APP waives service on behalf of respondent No.1 and
Ms. Shilpa Shah waives service on behalf of respondent No.2.
Heard Mr. Nirupam
Nanavaty for the petitioners and Mr. A.J. Desai and Ms. Shipla Shah
for the respective respondents.
By filing this
application, the petitioners have prayed to condone delay of 108 days
in filing Criminal Revision Application against the judgment and
order dated 12.03.08 in Criminal Revision Application No. 452 of
2006.
Learned advocate
Mr. Nanavaty submitted that for the reasons which are assigned in the
application, the Revision could not be preferred in time and as the
delay has been properly explained in the application, the same may be
condoned.
Mr. A.J. Desai,
learned APP submitted that sufficient reasons are not assigned for
condonation of delay and therefore, this application deserves to be
dismissed.
Ms. Shilpa Shah,
learned advocate appearing for respondent No.2 submitted that the
petitioners have not approached the Honourable Court with clean hands
and have also not adequately explained the reasons for delay in
filing the Revision Application and therefore the application
deserves to be rejected.
Having considered
the rival submissions and having perused the averments made in the
petition, delay caused in filing the Revision, in my considered view,
is required to be condoned. Hence, delay in filing the Revision is
condoned.
Rule is made
absolute accordingly.
List the main
Revision Application for admission hearing on 13th October
2008.
mathew [H.B.ANTANI,
J.]
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