Rekhaben Rameshkumar Raval vs State Of Gujarat

   R/CR.MA/4365/2023                               ORDER DATED: 07/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 4365 of 2023
                In R/CRIMINAL APPEAL NO. 507 of 2023

                                     With
                       R/CRIMINAL APPEAL NO. 507 of 2023
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                        REKHABEN RAMESHKUMAR RAVAL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MS. ASMITA PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                               Date : 07/03/2023

                                 ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 4365 of 2023 In R/CRIMINAL APPEAL NO. 507 of 2023

1. RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-state.

2. This application is filed for Special Leave to Appeal against the judgment and order of acquittal dated 13-12-2022 passed by the Chief Judicial Magistrate, Chota Udaipur in Criminal Case No.963 Page 1 of 3 Downloaded on : Tue Mar 07 20:47:15 IST 2023 R/CR.MA/4365/2023 ORDER DATED: 07/03/2023 of 1998 acquitting the accused for the offences under Section-

498(A) and 506(1) of the IPC.

3. It appears that original F.I.R. was registered against 11 persons of whom, original accused no.2 to 11 have been discharged and therefore, the trial proceeded against the respondent No.2, who is husband of the complainant.

4. Learned Advocate for the applicant has drawn attention of this Court to nature of evidence at Exh-83 of witness, who has clearly stated about the physical harassment / beating by the respondent to the complainant-wife.

5. Over and above, there is documentary evidence, which are in the form of letters exhibited and which are written by the applicant to her parents indicating the nature of harassment at the hands of the respondent-husband.

6. In view of the aforesaid, Special Leave to Appeal is granted.

Accordingly, present Criminal Misc. Application stands allowed.

Rule is made absolute accordingly.

R/CR.MA/4365/2023 ORDER DATED: 07/03/2023 ORDER IN CRIMINAL APPEAL NO. 507 of 2023

1. The Appeal is admitted.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent- original accused.

(A.Y. KOGJE, J) PARESH SOMPURA Page 3 of 3 Downloaded on : Tue Mar 07 20:47:15 IST 2023