NILESH HANSRAJBHAI AJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under sec. 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing the R/Criminal Revision Application No. 462 of 2021 against the judgment and order dtd. 21/6/2018 passed by learned 2nd Additional Sessions Judge, Rajkot at Dhoraji in Sessions Case No. 02 of 2014 below Exh. 66.

(2.) Heard learned advocates for the respective parties.

(3.) Learned advocate Mr. Arsh R. Shaikh for the applicant submits that the sister of the complainant was found in the well as dead on 27/10/2013 and FIR thereof was registered on 29/10/2013 by the husband of the deceased being CR No. I-36 of 2013. As the accused in the FIR was the deceased Manishaben herself, abatement summary came to be filed later on. Thereafter, the accused of the said FIR moved the discharge application in the court below which came to be rejected vide order dtd. 13/7/2016 against which the accused preferred revision being Criminal Revision Application No. 642 of 2016. That, due to unnatural death of the deceased, her brother ie., present applicant had registered an FIR being CR No. I-42 of 2013 with Jamkandorana Police Station at Dhoraji on 6/12/2013. That, the applicant does not have sufficient means to fight the litigation and he had to run from pillar to post by making various applications before various authorities for registration of FIR in the month of November 2013 and after the period of 1 month, the FIR came to be registered. That, during the trial and hearing of discharge application preferred by the accused persons, the applicant was unable to engage an advocate due to financial crisis hence had taken help of the legal aid department for conducting such proceedings. That, due to the said circumstances, the delay had been caused. Moreover due to spread of Corona Virus ie., COVID-19, there has been nationwide lock down hence, it was not possible to engage the advocate and filed the Criminal Revision Application till the date of filing of captioned revision application. In support of his arguments, learned advocate for the applicant has placed his reliance on the following judgments: