Gujarat High Court
Firdoskhan Bashirkhan Joya (Pathan) vs State Of Gujarat on 1 December, 2025
NEUTRAL CITATION
R/CR.MA/10564/2023 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. 10564 of 2023
In
R/CRIMINAL APPEAL NO. 1396 of 2023
With
R/CRIMINAL APPEAL NO. 1396 of 2023
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FIRDOSKHAN BASHIRKHAN JOYA (PATHAN)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS MEENA VYAS(3315) for the Applicant(s) No. 1
M M ANSARI(7710) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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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 28.02.2023 passed by learned Additional Chief Metropolitan Magistrate N.I. Court No.: 29 Ahmedabad in Criminal Case No.44636 of 2018.
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 The present application as well as connected appeal are disposed of as withdrawn, with the aforesaid liberty with a rider that, after withdrawl of the present application and the appeal, necessary proceedings be initiated / filed within a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. R&P be sent back to the concerned Court forthwith.
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