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High Court of Gujarat

RAILWAY AUTHORITY THROUGH KAMLESHWAR SINGHversusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The delay is condoned as the applicant showed sufficient cause.

Summary

The Railway Authority filed a criminal miscellaneous application seeking condonation of delay in filing a restoration application against the State of Gujarat and others. The High Court heard arguments from counsel for both parties. The court examined the applicant's explanation for the delay and found it satisfactory. Consequently, the court condoned the delay and allowed the application. The Registry was directed to list the restoration application for hearing on the same day.

Issues considered

  • Whether the delay in filing the restoration application can be condoned under criminal procedure law

Subjects

  • condonation of delay
  • restoration of criminal proceedings
  • criminal miscellaneous application
  • High Court of Gujarat
  • procedural law

Judgment

     R/CR.MA/14977/2026                                          ORDER DATED: 13/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          14977 of 2026
          In F/CRIMINAL MISC.APPLICATION/19662/2026
           In R/CRIMINAL MISC.APPLICATION/5140/2025
                 In F/CRIMINAL APPEAL/620/2025
==========================================================
          RAILWAY AUTHORITY THROUGH KAMLESHWAR SINGH
                              Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
TANMAY B JOSHI(9457) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                      Date : 13/08/2026

                                       ORAL ORDER


1.              This is an application for condonation of delay in

filing restoration application.



2.              Heard learned advocate/s.



3.              Considering the averments made in this application
and also considering the submissions made by the learned

advocate/s       for      the    respective       parties,      delay   needs      to      be

condoned, as the applicant/s has shown sufficient cause /

explained the delay.


4.              In        view   of     above,          delay   is   condoned.          This

application is allowed accordingly.




                                          Page 1 of 2
       R/CR.MA/14977/2026                                                                ORDER DATED: 13/08/2026




 5.                    The         Registry              is      directed             to       list       restoration

 application today for hearing and appropriate orders.



                                                                                     (SANJEEV J.THAKER,J)
 M.H. DAVE/96

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 17:40:19




                                                         Page 2 of 2


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