CENTRAL BUREAU OF INVESTIGATION THRO K.K.SHUKLA S/O AMARNATH SHUKLAversusSHILPABEN PATEL

  R/CR.RA/1371/2019                             JUDGMENT DATED: 29/04/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
     PASSED BY SUBORDINATE COURT) NO. 1371 of 2019

                         With
     R/CRIMINAL MISC.APPLICATION NO. 19651 of 2019
                           In
    R/CRIMINAL REVISION APPLICATION NO. 1371 of 2019

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

============================================

           Approved for Reporting             Yes          No

============================================
    CENTRAL BUREAU OF INVESTIGATION THRO K.K.SHUKLA S/O
                      AMARNATH SHUKLA
                             Versus
                   SHILPABEN PATEL & ANR.
============================================
Appearance:
MR RC KODEKAR(1395) for the Applicant(s) No. 1
MS GAYATRIBA B JADEJA(5152) for the Respondent(s) No. 1
MR ROHAN H. RAVAL, APP for the Respondent(s) No. 2
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                         Date : 29/04/2026

                             JUDGMENT


ORDER IN CRIMINAL MISC. APPLICATION NO.19651 OF 2019
(FOR CONDONATION OF DELAY)


      The present application has been filed under Section 5 of the

Limitation Act for condonation of delay of 222 days caused in filing the

captioned Criminal Revision Application on the ground of administrative


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     R/CR.RA/1371/2019                             JUDGMENT DATED: 29/04/2026




approval and other administrative reasons. Having heard the learned

advocates for the respective parties and considering the averments

made in this application, it appears that sufficient cause is made out to

condone the delay and in view of the judgment passed by the Hon’ble

Apex Court in the case of N. Balakrishnan vs. N. Krishnamurthy,

reported in AIR 1998 SUPREME COURT 3222, therefore, the delay

of 222 days as explained by the learned advocate for the applicant is

considered. The application is accordingly allowed.




ORDER IN CRIMINAL REVISION APPLICATION NO.1371 OF
2019



1)       By way of present revision application under Sections 397 read

         with 401 of the Code of Criminal Procedure, 1973, the applicant

         has sought following relief :

                 “(i) Quash and set aside the Discharge Order dated
                 02.11.2018 passed by the Ld. Special judge (C.B.I) No.02
                 at Ahmedabad City to the extent of discharging the above
                 named respondent in Special Case No. 02/2003 and
                 19/2013 and direct the respondent No. 1 to face the trial
                 according to the law.”

2)       The applicant by way of present application has assailed the

         order dated 02.11.2018 passed by the learned Special Judge,

         CBI Court No.2, Ahmedabad City in Special Case Nos.02/2003

         and 19/2013, wherein, the learned Special CBI Judge, Court

         No.2, Mirzapur, Ahmedabad, has been pleased to discharge the

         respondent no.1 from the charges levelled against her.


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     R/CR.RA/1371/2019                                                               JUDGMENT DATED: 29/04/2026




3)         Having heard the learned Advocates, this Court is of the

            considered view that since the order of discharge is passed in

            the year 2018 and sufficient time has been passed and trial is

            substantially progressed. In view of the above, at this stage it is

            not expedient to enter into the merits or demerits of the

            discharge application.

4)         However, it is kept open for the applicant that if during the

            recording of the evidence of prosecution if any evidence is put

            forward or any application is made by the CBI to arraign an

            accused under Section 319 of the Code of Criminal Procedure /

            Section 358 of the Bharatiya Nagarik Suraksha Sanhita, the

            learned trial Court shall decide the same independently on its

            own merit if some evidence is lead by the prosecution.

5)         With aforesaid liberty the present revision application stands

            disposed of. This Court has not gone into the merit of the case.




                                                                            (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 29/04/2026 17:36:39




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