Gujarat High Court
Sanjaykumar Mohanbhai Parekh vs Rajendra @ Rajubhai Rameshbhai Vasava on 6 October, 2025
NEUTRAL CITATION
R/CR.A/549/2025 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 549 of 2025
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SANJAYKUMAR MOHANBHAI PAREKH
Versus
RAJENDRA @ RAJUBHAI RAMESHBHAI VASAVA & ORS.
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Appearance:
MR. VORA RISHABH VIMALBHAI(14017) for the Appellant(s) No. 1
PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 4
VASIMRAJA A KURESHI(8609) for the Opponent(s)/Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 06/10/2025
ORAL ORDER
1. When the matter is called out, learned advocate Mr. Vora Rishabh Vimalbhai, appearing for the appellant, is absent. Learned advocate Mr. Vasimraja A. Kureshi, appearing for the respondent Nos.1 to 3, is present before the Court.
2. The present appeal is preferred under Section 413 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), challenging the judgment and order dated 29.06.2023 passed by the learned 7th Additional Sessions Judge, District Vadodara at Karjan in Criminal Appeal No.21 of 2023. By the said judgment, the Appellate Court dismissed the appeal filed by the original complainant and confirmed the judgment and order of acquittal dated 24.03.2023 passed by the learned Additional Chief Judicial Magistrate, District Vadodara at Karjan in Criminal Page 1 of 3 Uploaded by F.S. KAZI(HC01075) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:20:23 IST 2025 NEUTRAL CITATION R/CR.A/549/2025 ORDER DATED: 06/10/2025 undefined Case No.3 of 2016, whereby the respondent Nos.1 to 3 herein - original accused were acquitted of the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code.
3. It would be relevant to refer to Section 413 of the BNSS, which provides as under:
"413. No appeal to lie unless otherwise provided.--No appeal shall lie from any judgment and order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."
4. Upon perusal of the record, it transpires that the original complainant had already availed the statutory remedy of appeal before the Court of Sessions Judge, Vadodara at Karjan against the judgment and order of acquittal rendered by the learned Trial Court in Criminal Case No.3 of 2016. The said appeal came to be dismissed by the learned 7th Additional Sessions Judge, District Vadodara at Karjan vide judgment dated 29.06.2023.
5. Once the remedy of appeal before the Sessions Court has been exhausted and adjudicated, there exists no provision under the BNSS, 2023, to maintain a second appeal Page 2 of 3 Uploaded by F.S. KAZI(HC01075) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:20:23 IST 2025 NEUTRAL CITATION R/CR.A/549/2025 ORDER DATED: 06/10/2025 undefined before this Court against the judgment and order rendered in such criminal appeal. The present appeal, therefore, is not maintainable in law and deserves to be disposed of on that ground.
6. It is, however, clarified that the aggrieved party may avail alternative remedy and approach this Court by way of filing an appropriate application in accordance with law.
7. In view of the above discussion, the present criminal appeal stands disposed of as not maintainable.
8. Registry is directed to return the original papers to the learned advocate for the appellant after retaining a photocopy of the same on record, as per rules.
(S. V. PINTO,J) F.S.KAZI Page 3 of 3 Uploaded by F.S. KAZI(HC01075) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:20:23 IST 2025