State Of Gujarat vs Vikrambhai Samatbhai Makwana
2021 Latest Caselaw 4750 Guj

         R/CR.MA/449/2021                                       ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO.449 of 2021
                         In
           R/CRIMINAL APPEAL NO.34 of 2021
                        With
          R/CRIMINAL APPEAL NO.34 of 2021
=========================================
                            STATE OF GUJARAT
                                  Versus
                     VIKRAMBHAI SAMATBHAI MAKWANA
=========================================
Appearance :
MS KRINA CALLA, Additional Public Prosecutor for the Applicant.
NOTICE SERVED for the Respondent.
=========================================

        CORAM : HONOURABLE MR. JUSTICE A.J.DESAI
                and
                HONOURABLE MR. JUSTICE A.S. SUPEHIA

                     Date : 25/03/2021
                       ORAL ORDER

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

ORDER IN CRIMINAL MISC. APPLICATION NO.449 OF 2021

1. By way of the present application under Section 378 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 24.9.2019 passed by learned 8th Additional Sessions Judge, Gondal in Sessions Case No.45 of 2016.

2. In pursuance to the notice issued by this Court, the respondent is served. This Court waited on two occasions, after service of notice to the respondent, however, though served, respondent has chosen not to appear before this Court personally or by engaging any lawyer on his behalf. Hence, we have proceeded to hear this application.

R/CR.MA/449/2021 ORDER

3. We have heard learned advocates appearing for the respective parties. 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.

ORDER IN CRIMINAL APPEAL NO.34 OF 2021 ADMIT.

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

SAVARIYA