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2024 Supreme(Online)(GUJ) 156

HIGH COURT OF GUJARAT
GG
AMJADBHAI SATTARBHAI SANDHANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:KUMAR H TRIVEDI(9364) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court has the authority to condone delays in filing appeals or applications to ensure substantial justice is served to the parties involved (!) .

  2. The applicant filed a Criminal Revision Application challenging an ex-parte order passed by the Family Court under Section 125 of the Cr.P.C., with a delay of 112 days, which they sought to be condoned (!) .

  3. The delay was explained by the applicant as being due to the need to arrange funds, seek legal advice, and other related factors, which contributed to the delay (!) .

  4. The court noted that the applicant had sufficient time to file the revision and emphasized that all delays should be properly explained, although a flexible, pragmatic approach is encouraged rather than a pedantic one (!) (!) .

  5. The principles guiding the court's decision include the importance of doing substantial justice, the understanding that delays are not necessarily deliberate or malicious, and that justice should not be defeated by technicalities (!) (!) (!) (!) .

  6. The court referenced the relevant legal principles that support a liberal approach to condoning delays, emphasizing that justice deserves to be prioritized over strict procedural technicalities (!) (!) .

  7. Considering the facts, circumstances, and principles outlined, the court decided to condone the delay of 112 days in filing the Criminal Revision Application (!) .

  8. The decision reflects a balanced, rational approach aimed at ensuring justice is not obstructed by procedural delays, provided they are satisfactorily explained (!) (!) .

Please let me know if you need further analysis or assistance.


ORDER

1. This Application has been filed praying for condonation of delay of 112 days in filing of the above Criminal Revision Application. The challenge is proposed to be given against the ex-parte order passed by the learned Family Court under Section 125 of the Cr.P.C. 2. It is submitted that the arrears as on 05.06.2024 about Rs.89,000/- has been paid. It is further submitted that there is a delay of 112 days since the applicant had to make necessary arrangements for funds and then preferred legal advice and thereafter, the said Revision Application has been preferred and and all these aspects / factors have contributed to the above delay.

3. Learned Additional Public Prosecutor submitted that the applicant had enough time to prefer a Revision Application and each and every delay is required to be explained and therefore, urged to reject the application.

4. 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 :-

    “3. The legislature has conferred the power to condone delay by enacting Section 5 of the Indian Limitation Act of 1963 in order to enable the Courts to do substantial justice t

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