R/CR.MA/25193/2024 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 25193 of 2024 In F/CRIMINAL MISC.APPLICATION NO. 47504 of 2024 ========================================================== TARUNA REVABHAI MAKWANA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS MITTAL N PATEL(7614) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/07/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of notice of Rule for the respondent – State of Gujarat. [2.0] This application is filed under Section 5 of the Limitation Act for condonation of delay of 80 days caused in filing the application for restoration Special Criminal Application, which came to be dismissed for non-prosecution. [3.0] Learned advocate for the applicant has submitted that the delay was caused purely due to circumstances beyond the control of the applicant and there was no malafide intention on the part of the applicant in filing the revision application belatedly and therefore, has requested to condone the delay caused in filing the revision application. [4.0] Learned APP has vehemently opposed the present application. Page 1 of 2 R/CR.MA/25193/2024 ORDER DATED: 03/07/2025 [5.0] Considering the submissions made by the learned advocates for the respective parties, the applicant has 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 restoration application at threshold and there is no presumption that the delay caused by the applicant 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 bonafide and genuine. There is no smack of malafide or dilatory tactics on the part of the applicant. [6.0] In view of the above, the delay of 65 days as explained in the application is condoned. The application is accordingly allowed. Rule is made absolute accordingly. (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 03/07/2025 17:16:09