STATE OF GUJARAT Vs. JITENDRABHAI

JUDGEMENT

(1.) By this application under sec. 5 of the Limitation Act, 1963, the applicant-State seeks condonation of delay of 99 days caused in filing the R/Criminal Revision Application No. 890 of 2021 against the judgment and order dtd. 7/9/2019 passed by learned City Sessions Court, Ahmedabad in Special ACB Case No. 9 of 2017.

(2.) Heard learned APP for the applicant-State and learned advocate for the respondent.

(3.) It was submitted by learned APP for the applicant State that as against the impugned order dtd. 7/9/2019 passed by learned City Sessions Court, Ahmedabad in Special ACB Case No. 9 of 2017, applicant-State has preferred Criminal Revision Application under Sec. 397 read with 401 of Code of Criminal Procedure and that order was passed by the learned Trial court on 7/9/2019 below Ex. 8, 9, 11 and 15. The legal department has issued the common notification to challenge the order passed in the discharge application but as there were 4 separate discharge application had been preferred by the different accused and the said notification was required modification. The Government Pleader office vide communication dtd. 8/6/2021 had intimated the Secretary, Legal Department to modify the GR No. 242 of 2019 on 24/3/2020 and pursuant to the issuance of the separate notification, the legal department had rectified notification and issued fresh GR No. 242/2019/Ahmedabad City/192/B on 1/7/2021. Thus, said delay was neither intentional nor deliberate nor due to negligence on the part of any concerned person/persons, but has occurred in complying with the procedural formalities in the matter. Thus, learned APP for the applicant-State has requested to allow present application.