R/CR.MA/4907/2023 ORDER DATED: 21/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4907 of 2023
In R/CRIMINAL APPEAL NO. 616 of 2023
With
R/CRIMINAL APPEAL NO. 616 of 2023
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ANIL MOHANBHAI GOHIL
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 21/03/2023
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION NO. 4907 of 2023
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.
2. Heard learned advocate Mr. Mukund Thakkar appearing for Mr. P.P. Majmudar, learned advocate on record for the applicant.
3. This is an application preferred under Sub-Section (4) of Section 378 of Criminal Procedure Code, 1973, challenging the judgment and order of acquittal dated 25.01.2023 passed by learned Additional Judicial Magistrate First Class, Bharuch in Criminal Case No.4591 of 2021.
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R/CR.MA/4907/2023 ORDER DATED: 21/03/2023
4. Learned advocate Mr. Mukund Thakkar has invited attention of this Court to the order dated 16.03.2023 passed by the co-ordinate Bench of this Court in Criminal Misc. Application No.4873 of 2023 in Criminal Appeal No.598 of 2023 and allied matters. By the said order, this Court has granted leave to appeal and respective criminal appeals are also admitted. He has submitted that similar set of facts and issue of law are involved in the present appeal, he therefore, urged this Court to grant leave to appeal.
5. Considering the fact that, this Court in similar set of facts and issue of law raised, has granted leave to appeal, the present application seeking leave to appeal is allowed. Rule is made absolute to the aforesaid extent.
ORDER IN R/CRIMINAL APPEAL NO. 616 of 2023
1. Admit.
2. Learned APP waives service of notice of admission for and on behalf of respondent-State.
3. Issue bailable warrant in the sum of Rs.5,000/- against the respondent-accused.
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R/CR.MA/4907/2023 ORDER DATED: 21/03/2023
4. Private respondent be served through concerned police station.
5. Registry is hereby directed to call for Record & Proceedings before the next date of hearing.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 3 of 3 Downloaded on : Thu Mar 23 20:42:28 IST 2023