NEUTRAL CITATION
R/CR.MA/15257/2023 ORDER DATED: 05/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15257
of 2023
In R/CRIMINAL APPEAL NO. 2283 of 2023
With
R/CRIMINAL APPEAL NO. 2283 of 2023
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ANAND DINESH UDVANI
Versus
STATE OF GUJARAT
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Appearance:
MR SAVAN N PANDYA(5600) for the Applicant(s) No. 1
NISHIDHKUMAR M PATEL(8335) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 05/10/2023
ORAL ORDER
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 15257 of 2023
1. This is an application preferred by the applicant-original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal dated 19.11.2022, passed by the learned 4th Additional Chief Judicial Magistrate, Gandhidham in Criminal Case No.2610 of 2014.
2. Learned advocate Mr.Jay Shah for learned advocate Mr.Savan Pandya submits that after plea was recorded, on number of occasions the applications were given by the advocate of the accused, which was granted and the matter was adjourned on his request. Learned advocate further submits that prior notice, which is a mandatory requirement, is Page 1 of 2 Downloaded on : Sat Oct 07 20:40:53 IST 2023 NEUTRAL CITATION R/CR.MA/15257/2023 ORDER DATED: 05/10/2023 undefined not issued and further submits that the complainant is the Government Officer and he undertakes that if the matter is remanded back to consider on merits, he would not seek any unnecessary adjournment.
3. Considering the averments made in the application and submissions made by the learned advocate appearing for the applicant, there is some arguable case in favour of the applicant, leave, as prayed for, is granted. This application is allowed.
ORDER IN R/CRIMINAL APPEAL NO. 2283 of 2023
1. Issue Notice, returnable on 26.10.2023. Learned APP waives service of notice on behalf of respondent-State.
2. Let R & P be called for, so as to reach before this Court on or before the returnable date.
(M. K. THAKKER,J) M.M.MIRZA Page 2 of 2 Downloaded on : Sat Oct 07 20:40:53 IST 2023