Gujarat High Court
Mehbub Abdul Sattar Patel vs Sadikhussen Kalubhai Malek on 1 December, 2025
NEUTRAL CITATION
R/CR.MA/13164/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13164 of 2025
In
F/CRIMINAL APPEAL NO. 24081 of 2025
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MEHBUB ABDUL SATTAR PATEL
Versus
SADIKHUSSEN KALUBHAI MALEK & ANR.
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Appearance:
MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 01/12/2025
ORAL ORDER
1. This is an application filed for seeking leave to appeal against the judgment and order of acquittal dated 21.04.2025 passed by learned Judicial Magistrate, Godhra in Criminal Case No.5850 of 2022.
2. Learned advocate for the applicant seeks permission to withdraw the present application as well as connected appeal to file appeal before the concerned Court, in view of the judgment of the Apex Court in case of M/s. Celestium Financial V.A. Gnanasekaran arising out of Special Leave Petiton (Cri.) Nos.137 - 139 / 2025, with the liberty that the period that may be consumed may not be counted as delay in filing such appeal.
3. In view of the above, permission as prayed for, is granted. The applicant can file appropriate appeal before the concerned Court. The present application as well as connected appeal are disposed of as withdrawn, with the aforesaid liberty with a rider that, after withdrawl of the present application and the appeal, necessary proceedings be initiated / filed within a period of four months from the date of receipt of copy of this order. It is clarified that the period that may be consumed in filing the present appeal may not be counted as delay in filing such appeal before the concerned Court.
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