PRAKASHBHAI MULJIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application has been filed praying for condonation of delay of 25 days in filing of the above Criminal Revision Application.

(2.) Learned Advocate for the applicant submits that the applicant is a student and the complaint was given under the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to in short as 'the Atrocities Act'), but the police failed to register a First Information Report. Therefore, a private complaint was filed but the learned Special Judge gave the enquiry to the same authority but declined to take the complaint. Thereafter, on the Report being filed, the Special Court, Jamnagar on 9/2/2023 rejected the complaint under Sec. 203 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'Cr.P.C."). It is further submitted that the learned Special Judge though recorded the facts while rejecting the application however, has not taken into consideration the object of the Atrocities Act. It is further submitted that only after having knowledge of the rejection of the application, the applicant could take legal advice and make arrangements for funds to prefer the Criminal Revision Application and all these factors have contributed to the above delay.

(3.) In the case of Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others reported in AIR 1987 SC 1353 it has been observed as under :-