Gujarat High Court
State Of Gujarat vs Mahendrasing S/O Karansing Ramjilal ... on 13 January, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje, Samir J. Dave
NEUTRAL CITATION
R/CR.MA/1017/2025 ORDER DATED: 13/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1017 of
2025
In F/CRIMINAL APPEAL NO. 35186 of 2024
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STATE OF GUJARAT
Versus
MAHENDRASING S/O KARANSING RAMJILAL TANVAR (ZAT)
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Appearance:
MR. L. B. DABHI, APP for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 13/01/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. As this Court has condoned the delay of 43 days causing in preferring leave to appeal, the Registry is directed to give number to Criminal Misc.Application for seeking leave to appeal.
2. This application is filed under Section 419(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking leave to appeal against the impugned judgment of acquittal dated 26-04-2024 passed by the Principal District and Sessions Judge, Kheda at Nadiad in Sessions Case No.18 of 2024. By the impugned judgment and order, the respondent-accused was ordered to be acquitted of the offences 302, 201, 392, 120(b), 34, 406, 420, 465, 467, 468, 471, 411, 413 of Indian Penal Code.
Page 1 of 2 Uploaded by MR PARESH J SOMPURA(HC00451) on Thu Jan 16 2025 Downloaded on : Thu Jan 16 21:38:54 IST 2025NEUTRAL CITATION R/CR.MA/1017/2025 ORDER DATED: 13/01/2025 undefined
3. This Court in its order dated 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied matters has taken a view that for the State to prefer Appeal against acquittal for offences 302, 201, 392, 120(b), 34, 406, 420, 465, 467, 468, 471, 411, 413 of Indian Penal Code, filing of separate application seeking leave to appeal is not essential. Hence, the present application stands disposed of in terms of order dated 25.09.2024 passed in Criminal Misc. Application No.14092 of 2024 and allied matters.
4. In view of the aforesaid, the State is permitted to amend the prayer clause in the Appeal Memo to include the prayer seeking leave to appeal.
5. The Registry is directed to list the Appeal in due course.
(A.Y. KOGJE, J) (SAMIR J. DAVE,J) PARESH SOMPURA Page 2 of 2 Uploaded by MR PARESH J SOMPURA(HC00451) on Thu Jan 16 2025 Downloaded on : Thu Jan 16 21:38:54 IST 2025