High Court of Gujarat
JASMINBHAI BALASHANKARBHAI MADHAKversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The application for condonation of delay was rejected.
Summary
The petitioners, Jasminbhai Balashankarbhai Madak & ors., filed a criminal revision application challenging the order of the 11th Additional Sessions Judge, Rajkot, which rejected their discharge application in a case under Section 307 of the IPC. They sought condonation of a 193‑day delay in filing this revision, citing a series of earlier filings including quashing petitions and a withdrawn compromise application. The petitioners argued that the delay would prejudice the respondents and that condonation was necessary to protect their right to seek revision. The Court examined the record and found that the petitioners had not provided any sufficient cause for the extensive delay. Consequently, the Court held that there was no justification to entertain the condonation request. The application for condonation of delay was therefore rejected.
Issues considered
- Whether the 193‑day delay in filing the criminal revision application can be condoned under the principles of criminal procedure
Legislation cited
- Indian Penal Code, 1860s. 307
Subjects
condonation of delaycriminal revisiondischarge applicationSection 307 IPCquashing petitioncriminal procedure
Judgment
R/CR.MA/7922/2026 ORDER DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
7922 of 2026
In
F/CRIMINAL REVISION APPLICATION/12610/2026
================================================================
JASMINBHAI BALASHANKARBHAI MADHAK & ORS.
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Applicant(s) No.
1,2,3,4,5
MR NIRAJ SHARMA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 30/04/2026
ORAL ORDER
1. By way of this application, the applicant has prayed for
condonation of delay of 193 days occurred in preferring
the application challenging the order dated 10.06.2025
passed by the learned 11th Additional Sessions Judge,
Rajkot in Sessions Case No.76 of 2023 rejecting the
discharge application.
2. The cause of delay as stated in Paragraph 3 of the
present application is as follows :-
“3. The applicant respectfully states that, the present
respondent filed a complaint being FIR
Page 1 of 3
R/CR.MA/7922/2026 ORDER DATED: 30/04/2026
No.11208035220447 of 2022 before Gandhigram Police
Station, Rajkot City on dated 24.04.2022 against the
present applicants in which the present applicant filed a
quashing petition before this Honourable Court by way of
filing Cr.Ma. No.11945 of 2022 on ground of settlement,
this Honourable Court passed an order on dated
16.09.2022 with liberty to approach this Honourable Court
if section 307 of IPC not include in charge-sheet,
thereafter 307 was added in charge-sheet, so present
applicants filed an discharge application before learned
trial court same was please to rejected by the learned trial
court, applicant challenged the same before this
Honourable Court on the ground of compromise by way of
filling Cr.Ra. No.1098 of 2025 same was withdraw with
liberty to file appropriate application in accordance with
law vide order dated 03.10.2025, thereafter present
applicants filed a quashing petition before this Honourable
Court being Cr.Ma. No.4056 of 2026 on the ground of
compromise, same was withdraw. Honourable Court not
gone into the merit of the case vide order dated
06.03.2026, thereafter present applicants prefer revision
application on merit before this Honourable Court in which
registry is raised and delay of 193 days accrued, on this
ground present application may allow for the interest of
justice.”
3. Learned advocate for the applicant submits that the
respondent would not get prejudiced if the delay is
condoned and that it would affect the applicant as he
would loose his right of preferring the Criminal Revision
Application and thus, a prayer is made for condoning the
delay.
4. The referred facts show that the applicant was vigilant to
file various applications and ultimately, the quashing
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R/CR.MA/7922/2026 ORDER DATED: 30/04/2026
petition was also filed on the ground that it was settled
which came to be withdrawn. The matter is under
Section 307 of the Indian Penal Code. The applicant has
not given any details to examine any sufficient cause for
the delay of 193 days in preferring the present
application. In view of the fact that no sufficient ground
has been raised for entertaining the present application,
this Court does not find any reason to consider the
present case and therefore, the present application
stands rejected.
Sd/-
(GITA GOPI, J)
CAROLINE / # 32
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 30/04/2026 17:35:38
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