DEVENDRABHAI DHIRAJLAL DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Ms.Chetna Shah waives service of notice of Rule on behalf of respondent No.1-State and learned advocate Mr.Utpal Panchal waives service of notice of Rule on behalf of respondent No.2.

(2.) BY way of present Revision Application, the applicant has challenged the order dated 21.8.2010 passed by the learned Judge of Family Court at Surat in Criminal Misc. Application No.183 of 2010 (Exh.8) which was filed by respondent No.2 through his natural guardian, who happens to be the mother of the minor. The said application was filed under Section 125 of the Code of Criminal Procedure.

(3.) HEARD learned advocates appearing for the parties. I am of the view that the impugned order does not disclose that, on 15.5.2010 when the application was submitted by the applicant, whether any fixed date was given to the applicant or not. It is possible that the applicant might not be aware about the next date of hearing and he chose not to remain present before the court. Therefore present application deserves consideration. However, it appears that the applicant has remained negligent about his case from 15.5.2010 till September 2010 and has not cared of the court proceedings and, therefore, I am of the opinion that some cost shall be imposed for his negligence. Hence the following order.