NEELAM J PATEL APPROPRIATE AUTHORITYversusPARESHBHAI RASIKLAL SHAH
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court granted permission to convert the criminal appeal into a criminal revision application, holding that the delay would not be fatal.
Summary
The State of Gujarat appealed against the conviction of Paresh Rasiklal Shah & others and sought permission to convert the criminal appeal into a criminal revision application. Relying on the Supreme Court’s decision in Vishnu Kumar Gupta v. State of Madhya Pradesh (2026(0) INSC 770), the High Court examined whether such conversion was permissible and whether any delay in filing would be fatal. The Court held that the Supreme Court precedent allowed conversion and that the delay would not bar the application. Consequently, permission was granted to convert the appeal into a revision and the appellant was directed to file a fresh revision petition within 15 days. The related appeal (No. 485 of 2014) was disposed of in accordance with this order, and the original complainant may assist the appellant at the revision hearing.
Issues considered
- Whether a criminal appeal may be converted into a criminal revision application under the circumstances.
- Whether delay in seeking such conversion defeats the appellant’s right to file a revision.
Subjects
Judgment
R/CR.A/1828/2012 ORDER DATED: 04/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1828 of 2012
With
R/CRIMINAL APPEAL NO. 485 of 2014
==========================================================
STATE OF GUJARAT
Versus
PARESH RASIKLAL SHAH & ORS.
==========================================================
Appearance:
MR YUVRAJ BRAHMBHATT ADDITIONAL PUBLIC PROSECUTOR for the
Appellant(s) No. 1
MR BP JHALA(6076) for the Opponent(s)/Respondent(s) No. 2
MR ROHIT S VERMA(3887) for the Opponent(s)/Respondent(s) No. 3
MR RUTURAJ NANAVATI(5624) for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 04/08/2026
ORAL ORDER
ORDER IN CRIMINAL APPEAL NO. 1828 OF 2012:
In view of the decision of the Hon’ble Supreme Court in the case
of Vishnu Kumar Gupta Vs. State of Madhya Pradesh reported in
2026(0) INSC 770, the learned APP for the appellant seeks permission
to convert the present Criminal Appeal into Criminal Revision
Application.
Permission as sought for is granted. The learned APP for the
appellant is permitted to convert the present Criminal Appeal into
Criminal Revision Application. It is to be noted that the delay may not
come in the way of the present appellant. The learned APP for the
appellant may supply the fresh copy of Criminal Revision Application
within 15 days from the date of the present order. The Registry shall
place the matter before the appropriate Court.
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R/CR.A/1828/2012 ORDER DATED: 04/08/2026
ORDER IN CRIMINAL APPEAL NO. 485 OF 2014:
In view of the order passed in Criminal Appeal no. 1828 of 2012,
the appeal 1led by the appellant is disposed of accordingly. It is open
for the original complainant to assist the learned APP at the time of
hearing of the revision application.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/08/2026 17:26:46
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