Citation : 2021 Latest Caselaw 3848 Guj
Judgement Date : 5 March, 2021
R/CR.MA/525/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CRIMINALMISC.APPLICATIONNO. 525 of 2021
In R/CRIMINALAPPEALNO. 42 of 2021
With
R/CRIMINALAPPEALNO. 42 of 2021
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STATEOF GUJARAT
Versus
KALPESHS/O NANDLALRAMDULHAREKURMI
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Appearance:
MS KRINACALLA,LD.APP(2)for the Applicant(s)No. 1
NOTICESERVED(4)for the Respondent(s)No. 1,2,3,4
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CORAM: HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date: 05/03/2021
ORALORDER
(PER: HONOURABLEMR. JUSTICEA.J.DESAI)
Criminal Misc. Application No.525 of 2021 :
1. 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 04.08.2020 passed by learned Additional Sessions Judge & Special Judge (POCSO), Ahmedabad city in Special (POCSO) Case No.148 of 2015.
2. We have heard Ms.Krina Calla, learned Additional Public Prosecutor for the applicant- State and Mr.Jagat V. Patel, learned advocate appearing for respondent No.3 - Ranjan @ Roshni Makwana. Though other respondents are served, they have chosen not to appear before this Court.
R/CR.MA/525/2021 ORDER
3. We have also perused the impugned judgment 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.
Criminal Appeal No.42 of 2021 :
ADMIT.
To be heard with Criminal Appeal No.810/2020, which is filed by respondent No.3 and pending before this Court.
(A.J.DESAI,J)
(A. S. SUPEHIA,J)
DIPTI PATEL
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