NEUTRAL CITATION
R/CR.MA/3627/2021 ORDER DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 3627 of
2021
With
R/CRIMINAL APPEAL NO. 2290 of 2023
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NARSHIBHAI MATHURBHAI KATARIYA
Versus
STATE OF GUJARAT
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Appearance:
SIDDHANT R SHAH(8722) for the Applicant(s) No. 1
MR A. U. SAPHIYA(9891) 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 : 06/10/2023
ORAL ORDER
Order In Criminal Misc. Application No.3627 Of 2021:-
1. This is an application 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, passed by the learned 7th Additional Chief Judicial Magistrate, Surat, dated 24.01.2020 in Criminal Case No. 11622 of 2017.
2. Heard learned advocates for the respective parties.
3. Learned advocate Mr.Tirmizi appearing for the accused Page 1 of 2 Downloaded on : Sat Oct 07 20:46:21 IST 2023 NEUTRAL CITATION R/CR.MA/3627/2021 ORDER DATED: 06/10/2023 undefined respondent no.2 submits that he has no objection if leave to appeal is granted and appeal is admitted.
4. In view of above, application for leave to appeal is granted.
Order in Criminal Appeal No.2290 of 2023:-
1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.
2. As Mr. Tirmizi is appearing for the accused, Bailable Warrant is not required to be issued.
(M. K. THAKKER,J) M.M.MIRZA Page 2 of 2 Downloaded on : Sat Oct 07 20:46:21 IST 2023