High Court of Gujarat

MAHINDRA @ MAHESH MELABHAI CHAUHANversusSTATE 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.

Summary

Mahindra @ Mahesh Melabhai Chauhan filed a criminal revision application before the Gujarat High Court but did so after the prescribed limitation period had expired. The applicant sought condonation of the delay under Section 5 of the Limitation Act. Respondent No.2, the original complainant, appeared through counsel and indicated that a vakalatnama would be filed, while the State was represented by counsel Rohan Shah. The Court examined the memorandum of application and was satisfied that the reasons given for the delay were sufficient. Accordingly, the Court allowed the application and granted condonation of the delay, making the rule absolute. The order was signed by Justice P. M. Raval on 9 January 2026.

Issues considered

Whether the delay in filing the revision application can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation Actrevision applicationcriminal procedureGujarat High Court

Judgment

      R/CR.MA/27488/2025                               ORDER DATED: 09/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        27488 of 2025
              In F/CRIMINAL REVISION APPLICATION/51133/2025

==========================================================
                   MAHINDRA @ MAHESH MELABHAI CHAUHAN
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS. PARUL VANZARA(14228) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
ROHAN SHAH APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                               Date : 09/01/2026

                                 ORAL ORDER


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


2.       Pursuant to service of notice, learned advocate Jignesh
Lambha appears for the respondent 2 – original complainant.
He states that he will file his Vakalatnama before the registry
in due course. Registry to accept 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/27488/2025                                                                      ORDER DATED: 09/01/2026




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 09/01/2026
14:01:47




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