High Court of Gujarat

ANKIT KISHORBHAI DAVEversusSTATE 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

Ankit Kishorbhai Dave filed a criminal revision application (R/CR.MA/27728/2025) seeking condonation of an 80‑day delay in filing the revision under Section 5 of the Limitation Act. The respondent State of Gujarat was served but did not appear, and the original complainant (respondent No.2) also failed to appear. The applicant’s counsel argued that the delay was sufficiently explained. The Court examined the memorandum of application and found the explanation satisfactory. Consequently, the Court condoned the delay and allowed the revision application.

Issues considered

Whether the 80‑day 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 ActSection 5revision applicationcriminal procedure

Judgment

      R/CR.MA/27728/2025                             ORDER DATED: 06/03/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        27728 of 2025

              In F/CRIMINAL REVISION APPLICATION/52350/2025

==========================================================
                            ANKIT KISHORBHAI DAVE
                                     Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RIDDHESH TRIVEDI(6581) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
ROHAN SHAH, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                               Date : 06/03/2026

                                ORAL ORDER


1.       By this application under section 5 of the Limitation Act,
the applicant seeks condonation of delay of 80 days caused in
filing the captioned revision application.

2.       Though served, none appears for the respondent No. 2 –
original complainant.


2.1      Rule. Learned APP waives service for the respondent –
State.


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
application has been sufficiently explained. The application,
therefore, succeeds and is, accordingly, allowed. The delay


                                   Page 1 of 2
      R/CR.MA/27728/2025                                                      ORDER DATED: 06/03/2026




caused in filing the revision application is hereby condoned.
Rule is made absolute accordingly.



                                                                                      (P. M. RAVAL, J)
MOHD SAIF ULLAH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHD SAIF ULLAH(HC02372), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 06/03/2026 15:02:30




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