R/CR.MA/6905/2025 ORDER DATED: 09/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 6905 of 2025 In F/CRIMINAL MISC.APPLICATION NO. 12877 of 2025 ========================================================== KHENGA KANA BARI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1,2,3,4 MR BHARGAV PANDYA, APP for the Respondent(s) No. 1 RULE NOT RECD BACK for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/09/2025 ORAL ORDER 1. RULE. Learned APP waives service of notice of rule on behalf of respondent-State. 2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 180 days caused in filing application for restoration of Criminal Misc. Application No.19433/2020 which came to be dismissed for non-prosecution for non-removal of office objections. 3. I have heard the learned advocates for the respective parties. 4. It is submitted by the learned advocate for the applicants that the applicants could not file the application for restoration of Criminal Misc. Application No.19433/2020, which came to be dismissed for non- prosecution in timely fashion and if the delay is not condoned, it would amount to dismissing the restoration application at the threshold and therefore, he has requested to condone the delay caused in filing the restoration application. Page 1 of 2 R/CR.MA/6905/2025 ORDER DATED: 09/09/2025 5. Considering the submissions made by the learned advocate for the applicants and considering the averments made in the application, it appears that the applicants have mentioned sufficient cause for condonation of delay. The primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the matter at threshold and there is no presumption that the delay caused by the applicants is deliberate. In view thereof, the words ‘sufficient cause’ under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Even reason stated appears to be bona fide and genuine. There is no smack of mala fide or dilatory tactics on the part of the applicants. 6. In view of the above, the delay of 180 days as explained in memo of the application is condoned. The application is accordingly allowed. Rule is made absolute. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/09/2025 14:57:03