R/SCR.A/9269/2025 ORDER DATED: 08/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9269 of 2025 ========================================================== RAMESHCHAND ASHUTOSH MISHRA Versus STATE OF GUJARAT ========================================================== Appearance: MR. HJ KARATHIYA(7012) for the Applicant(s) No. 1 MS KRINA CALLA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/07/2025 ORAL ORDER Heard learned Advocate for the petitioner and learned APP for the respondent – State. By way of present petition under Article 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has sought for quashing and setting aside of the order dated 20.03.2025 passed by the learned 12th Additional Sessions Judge, Surat in Criminal Misc. Application No.7972 of 2024, and further be pleased to condone delay of 56 days in preferring revision application against the order dated 28.05.2024 passed by the learned trial Court in CREN No.60 of 2024. The petitioner has preferred the Criminal Inquiry No.60 of 2024 which came to be dismissed under Section 203 of the Code of Criminal Procedure by order dated 28.05.2024. The petitioner assailed the aforesaid order by way of Criminal R/SCR.A/9269/2025 ORDER DATED: 08/07/2025 Revision Application wherein 56 days of delay has occurred and to condone the said delay, CR.MA No.7972 of 2024 was filed which came to be dismissed on the ground that no sufficient ground is mentioned and in absence of satisfactory explanation. The learned Advocate had submitted that there was no any deliberate delay or malafide intention on the part of the petitioner and due to inadvertence and lack of timely knowledge of the order of dismissal, he could not file the proceedings within limitation period and as and when he got the information, he filed the proceedings. The petitioner obtained certified copy and immediately filed the proceeding. The delay is occurred due to genuine reason and there was no any ill motive to protract the litigation. If delay is not condoned then order of dismissal under Section 203 of the Code of Criminal Procedure would adversely affect and jeopardize his right and order of the dismissal would attend the finality. Considering the aforesaid fact, lenient view rather than technical view is required to be adopted as the delay caused does not smacks of malafide. Even otherwise in view of decision of the Hon’ble Supreme Court in the case of N. Balakrishnan Vs. M. Krishnamurthy, reported in (1998) 7 SCC 123, present petition deserves consideration. In wake of aforesaid discussion present petition is allowed. Impugned order dated 20.03.2025 passed by the learned 12th Additional Sessions Judge, Surat in Criminal Misc. Application No.7972 of 2024, is hereby quashed and set aside and delay of 56 days caused in filing the Criminal Revision Application against the order dated 28.05.2024 passed by the R/SCR.A/9269/2025 ORDER DATED: 08/07/2025 learned Trial Court in CR.EN No.60 of 2024 is hereby condoned. Present petition is disposed of in aforesaid terms. (HASMUKH D. SUTHAR,J) Ajay / AYJ 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 08/07/2025 18:40:07