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2016 Supreme(Guj) 1832

S.G.SHAH
Mishrimal Ratanji Purohit – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : HCLS Committee, Valimohammed Pathan
For the Respondent: Mr. K.P Raval

ORDER :

S.G SHAH, J.

Heard learned advocate Mr. V.M Pathan for the applicants and learned APP for the respondent State.

2. It seems that revision application itself is misconceived inasmuch as though applicants have been acquitted by the trial Court, it seems that they have preferred an appeal before the Sessions Court after 16 months and 16 days with an application to condone the delay. Such application was dismissed by the judgment and order dated 17.12.2015 by the 6th (Adhoc) Addl. Sessions Judge, Nadiad on the ground that said appeal is not maintainable before the Sessions Court and when appeal is not maintainable, there is no question of condoning the delay, which is also inordinate i.e. 16 months and 16 days. It seems that applicants want to challenge such order of refusing to condone the delay in filing Criminal Appeal in Misc. Application No. 302 of 2015 and therefore, the Criminal Revision Application No. 251 of 2016 is preferred before this Court. However, again there is a delay of 37 days. Such revision application was dismissed for default by an order dated 28.4.2016 When the applicant has filed present application to restore such revision application, which is also otherw


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