State Of Gujarat vs Ganeshbhai Bhalabhai Vaghela
2021 Latest Caselaw 4997 Guj

        R/CR.MA/2118/2021                                       ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 2118 of 2021
                In R/CRIMINAL APPEAL NO. 173 of 2021
                               With
                  R/CRIMINAL APPEAL NO. 173 of 2021
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                         STATE OF GUJARAT
                                Versus
                    GANESHBHAI BHALABHAI VAGHELA
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Appearance:
MS KRINA CALLA, LD.APP(2) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MR. JUSTICE A.J.DESAI
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                            Date : 01/04/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

R/CRIMINAL MISC.APPLICATION NO. 2118 of 2021 :

1. Though served, respondents have chosen not to appear before this Court.

2. By way of the present application under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, the applicant - original complainant has prayed to grant leave to appeal against the judgment and order of acquittal dated 19.12.2019 passed by learned Additional Sessions Judge & Special Judge, Surendranagar in Special (POCSO) Case No.11 of 2019.

3. We have heard learned advocates appearing for the respective parties. We have also perused the impugned judgment

R/CR.MA/2118/2021 ORDER

of the learned Trial Court. Considering the facts and circumstances of the case, we are of the opinion that the present application requires consideration and hence, the same is allowed. Leave as prayed for is granted.

R/CRIMINAL APPEAL NO. 173 of 2021 :

ADMIT.

Bailable Warrant in the sum of Rs.10,000/- be issued against the respondents - accused.

Registry is directed to call for the Records and Proceedings along with Paper-book from the concerned Trial Court.

(A.J.DESAI, J)

(A. S. SUPEHIA, J)

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