High Court of Gujarat

CENTRAL BUREAU OF INVESTIGATION THRO ASHOK NANA GHUGEversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: P M RAVAL

Holding

The delay of 237 days in filing the revision application is condoned under Section 5 of the Limitation Act.

Summary

The Central Bureau of Investigation, through Ashok Nana Ghuge, filed a revision application but delayed filing it by 237 days. The applicant sought condonation of this delay under Section 5 of the Limitation Act. The court examined the memorandum and noted that the applicant was not indolent, had taken steps to challenge the impugned order, and that procedural requirements involving forwarding documents to Mumbai contributed to the delay. Finding the explanation satisfactory, the court held that the delay could be condoned. Accordingly, the application for condonation was allowed and the delay was formally condoned.

Issues considered

Whether a delay of 237 days in filing a revision application can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5revision applicationcriminal procedureHigh Court of Gujarat

Judgment

     R/CR.MA/12421/2019                            ORDER DATED: 13/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION
           OF DELAY) NO. 12421 of 2019

      In R/CRIMINAL REVISION APPLICATION/761/2019

=================================================
  CENTRAL BUREAU OF INVESTIGATION THRO ASHOK
                    NANA GHUGE
                          Versus
             STATE OF GUJARAT & ANR.
=================================================
Appearance:
MR RC KODEKAR(1395) for the Applicant(s) No. 1
MR MB GOHIL(2702) for the Respondent(s) No. 2
MR NS TAHILRAMANI(2576) for the Respondent(s) No. 2
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1,2
=================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                           Date : 13/01/2026

                            ORAL ORDER

1.      By this application under section 5 of the Limitation Act, the
applicant seeks condonation of delay of 237 days caused in filing the
captioned revision application.


2.      Heard, the learned advocates for the respective parties present.


3.      Having heard and considering the averments made in the


                                  Page 1 of 2
           R/CR.MA/12421/2019                                                             ORDER DATED: 13/01/2026




    memorandum of application, more particularly, the fact that the
    applicant did not remain indolent and has taken steps to challenge
    the order impugned in the revision application, and that, as the
    documents were to be forwarded to Mumbai and the time taken in
    following the procedure as detailed in the application memo, the
    Court is of the view that the delay that has occasioned in preferring
    the revision application has been sufficiently explained.                                                          The
    application, therefore, succeeds and is, accordingly, allowed. The
    delay caused in filing the revision application is hereby condoned.
    Rule is made absolute accordingly.


                                                                                             [ P. M. Raval, J. ]
    hiren/DB-II-2tss13126




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/01/2026 15:30:33




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