High Court of Gujarat

NEMICHAND MADANJI PRAJAPATIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The Court held that the 93‑day delay in filing the restoration application is condoned.

Summary

Nemichand Madanji Prajapati and another filed a criminal miscellaneous application seeking condonation of a 93‑day delay in filing a restoration application (SCR.A No. 4900/2025) in the main criminal matter. The respondents, the State of Gujarat, opposed the condonation. The Court examined the averments made in the application and found them satisfactory. It held that the delay could be condoned in the interest of justice. Consequently, the Court allowed the application, condoned the delay, and made the rule absolute.

Issues considered

Whether a delay of 93 days in filing a restoration application can be condoned under the applicable procedural law?

Subjects

condonation of delaycriminal procedurerestoration of criminal proceedingHigh Court of Gujaratmiscellaneous application

Judgment

      R/CR.MA/1494/2026                                                        ORDER DATED: 23/01/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         1494 of 2026

                    In F/CRIMINAL MISC.APPLICATION/2080/2026
                  In R/SPECIAL CRIMINAL APPLICATION/4900/2025

==========================================================
                        NEMICHAND MADANJI PRAJAPATI & ANR.
                                      Versus
                             STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1,2
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 23/01/2026

                                             ORAL ORDER


1.        Rule. Ld. APP waives Rule for the respondent State.

2.        The instant application is               led for condonation of delay of 93 days
caused in preferring restoration application of main matter.

3.        Considering the averments made in the application, present
application is allowed and delay of 93 days caused in preferring restoration
application of SCR.A No.4900/2025 is condoned. Rule is made absolute.




                                                                         (HASMUKH D. SUTHAR,J)
SUCHIT



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 23/01/2026 14:19:33




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