DASHRATHBHAI AMTHABHAI PATEL Vs. JIVANBHAI LALJIBHAI BARVADIYA

JUDGEMENT

(1.) Criminal Miscellaneous Application No.12823 of 2022 has been filed praying for condonation of delay of 68 days in filing of the above, Leave to Appeal and Criminal Appeal.

(2.) Learned Advocate Mr. Vatsal Parikh referring to the order of the Hon'ble Apex Court in Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020 submits that the present application moved for condonation of delay would fall within the extended period granted by the Hon'ble Apex Court while the order dtd. 23/9/2021 in Miscellaneous Application No.665 of 2021 where the Apex Court had extended the period of limitation in all proceedings before the Court / Tribunals including the Apex Court with effect from 15/3/2020 till 28/2/2022. It is submitted that if the interregnum period is deducted then the present matter would fall within the limitation period as provided under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'the Code').

(3.) In this case the order of acquittal is dtd. 15/2/2020 and the Leave to Appeal is preferred on 7/10/2021. Thus, the said period would get expired as in view of the order of the Apex Court as the time for filing the Leave to Appeal is 60 days as provided under sub- sec. 5 of Sec. 378 of the Code .