NEUTRAL CITATION
R/CR.MA/14526/2023 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. 14526
of 2023
In R/CRIMINAL APPEAL NO. 2282 of 2023
With
R/CRIMINAL APPEAL NO. 2282 of 2023
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A D UDVANI (ANAND DINESH UDWANI)
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
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14526 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.1493 of 2016.
2. Learned advocate Mr.Jay Shah for learned advocate Mr.Savan Pandya submits that the learned Court had passed an order under Section 256 of the Code of Criminal Procedure, 1973, on the ground that the complainant is remaining absent. Page 1 of 3 Downloaded on : Sat Oct 07 20:40:52 IST 2023
NEUTRAL CITATION R/CR.MA/14526/2023 ORDER DATED: 05/10/2023 undefined Learned advocate had relied on the rojkaam, wherein it transpires that on 03.08.2022 the advocates from both the sides were present and the matter was kept on 05.09.2022. Again, on 05.09.2022 advocate of the accused was absent and the complainant's advocate was present, the matter was adjourned on 06.10.2022. On 06.10.2022 the Court was on leave therefore, the matter was kept on 03.11.2022. On 03.11.2022 there was no any presence recorded in the rojkaam of the advocate of the complainant. However, it is mentioned that advocate of the accused was present and the matter was kept on 19.11.2022. The impugned order was passed on 19.11.2022. The learned advocate submits that on 19.11.2022 he was not remained present. He further submits that the complaint was filed by the Food Safety Officer, Gandhidham Nagarpalika. Due to inadvertent mistake, neither the complainant nor his advocate remained present. Learned advocate further submits that he undertakes that if this order is quashed and the matter is remanded back to the learned Court, he would not seek any unnecessary adjournment.
2. Considering the averments made in the application and submissions made by the learned advocate appearing for the Page 2 of 3 Downloaded on : Sat Oct 07 20:40:52 IST 2023 NEUTRAL CITATION R/CR.MA/14526/2023 ORDER DATED: 05/10/2023 undefined applicant, there is some arguable case in favour of the applicant, leave, as prayed for, is granted. This application is allowed. Present application stands disposed of. ORDER IN R/CRIMINAL APPEAL NO. 2282 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 3 of 3 Downloaded on : Sat Oct 07 20:40:52 IST 2023