Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 7747 (GUJ)

DEEPAK S/O BHARATBHAI PRAJAPATI v. BHARATBHAI CHIKABHAI MENIYA

CR.MA/18832/2025 · 2025-09-16

R T Vachhani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/CR.MA/18832/2025 ORDER DATED: 16/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 18832 of 2025 In F/CRIMINAL REVISION APPLICATION NO. 36442 of 2025 ========================================================== DEEPAK S/O BHARATBHAI PRAJAPATI & ANR. Versus BHARATBHAI CHIKABHAI MENIYA ========================================================== Appearance: MR CHAITANYA M VYAS(5651) for the Applicant(s) No. 1,2 MR SOHAM S BHAGWAT(12103) for the Applicant(s) No. 1,2 MS. SALONI D. VALAND(16298) for the Applicant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 16/09/2025 ORAL ORDER 1. Learned advocate for the petitioners seeks permission to joint the State as party to the petition and ready to furnish draft amendment to learned APP for the State. 2. Permission to join the State as a party to the present petition is granted. Learned advocate for the petitioners is directed to provide draft amendment to learned APP for the State. 3. By way of &ling the present application seeking to condone the delay in preferring the Criminal Revision Application against the order dated 23.04.2025 passed by the learned Family Court No.6, Ahmedabad in Criminal Miscellaneous Application No.452 of 2022, the learned advocate for the petitioners has submitted that there is R/CR.MA/18832/2025 ORDER DATED: 16/09/2025 technical reason for delay of 36 days in &ling the accompanying Revision Application. 4. Learned advocate has further submitted that such delay has occurred due to reasons beyond the control of the petitioners and not on account of any deliberate negligence or mala &de intention. He has further submitted that the petitioner is currently employed in the Chhotaudaipur district and resides there with his young child and spouse. Due to the inclement weather and heavy rainfall, it has been challenging to travel and consult with legal counsel. Consequently, the Revision Application could not be &led within the stipulated time framed. Thus, learned advocate has requested to consider the delay of 36 days in preferring the Criminal Revision Application. 5. Learned APP representing for the State has submitted that &xing certain terms and conditions, appropriate order should be passed. 6. Considering the cause of delay in preferring the revision application, it would be satis&ed the end of the justice, if the petitioner is directed to deposit 50% of arrears of amount before the concerned Court. Learned advocate has fairly submitted that petitioner is ready to deposit the said amount if some accommodation will be given. 7. Considering the above facts, the present application is allowed subject to deposition of 50% of arrears of amount within 2 months in installments from the date of passing of this R/CR.MA/18832/2025 ORDER DATED: 16/09/2025 order. The petitioner is further directed to deposit &rst installment of arrears of amount within 10 days from the date of passing of this order, and rest of the installments will be paid within two months. Registry is directed to register the Revision Application after deposition of &rst installment by the petitioner. 8. The present application stands disposed of subject to above condition. (R. T. VACHHANI, J) NITIN MAKWANA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 17/09/2025 18:26:12