High Court of Gujarat

VAISHAKHI PARESHBHAI SHAHversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: P M RAVAL

Holding

The court held that the delay was sufficiently explained and therefore condoned under Section 5 of the Limitation Act.

Summary

The petitioners, Vaishakhi Pareshbhai Shah and another, filed a revision application eight days after the prescribed period and sought condonation of delay under Section 5 of the Limitation Act. The State of Gujarat and another respondent opposed the condonation. The court examined the memorandum of application and found that the delay was sufficiently explained. Consequently, the court allowed the application and condoned the eight‑day delay, making the rule absolute. The order was signed by Justice P. M. Raval.

Issues considered

Whether an eight‑day delay in filing a revision application can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation Actrevision applicationcriminal procedureHigh Court of Gujarat

Judgment

      R/CR.MA/15567/2025                                ORDER DATED: 29/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        15567 of 2025
              In F/CRIMINAL REVISION APPLICATION/30272/2025

==========================================================
                       VAISHAKHI PARESHBHAI SHAH & ANR.
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. RADHESH Y VYAS(7060) for the Applicant(s) No. 1,2
MR RC KODEKAR(1395) for the Respondent(s) No. 1
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 2
ROHAN SHAH APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 29/01/2026

                                 ORAL ORDER


1.       By this application under section 5 of the Limitation Act,
the applicant seeks condonation of delay of 8 days caused in
filing the captioned revision application.


2.       learned Counsel Mr. R.C.Kodekar for Respondent No. 2
vehemently opposed the said application and argued to reject
the same.


2.1      Rule. Learned advocates for the respective respondents
waive service.


3.       Having heard and considering the averments made in the
memorandum of application, the Court is of the view that the
delay       that      has   occasioned      in    preferring    the     revision


                                    Page 1 of 2
            R/CR.MA/15567/2025                                                                      ORDER DATED: 29/01/2026




     application has been sufficiently explained. The application,
     therefore, succeeds and is, accordingly, allowed. The delay
     caused in filing the revision application is hereby condoned.
     Rule is made absolute accordingly.


                                                                                                              (P. M. RAVAL, J)
     MMP

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/01/2026
17:10:28




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