State Of Gujarat vs Sagar Prabhatbhai Pdecha
2021 Latest Caselaw 17704 Guj

     R/CR.MA/20337/2021                            ORDER DATED: 24/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 20337 of 2021

                    In R/CRIMINAL APPEAL NO. 1729 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1729 of 2021
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                              STATE OF GUJARAT
                                    Versus
                          SAGAR PRABHATBHAI PDECHA
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Appearance:
MS. MONALI BHATT, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6,7
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 24/11/2021

                                ORAL ORDER

Order in Criminal Misc. Application No. 20337 of 2021

1. Rule.

2. The present Criminal Miscellaneous Application is filed by the applicant under Section 378(1)(3) of the Code of Criminal Procedure seeking leave to appeal challenging the impugned judgment and order dated 27.02.2020 passed in Special Atrocity Case No. 25 of 2016 by the learned 12th Additional Sessions Judge and Special Judge, Rajkot recording the acquittal under the Atrocity Act.

3. Heard learned APP Ms. Monali Bhatt for the applicant - State.

4. Perused the judgment and order dated 27.02.2020 passed in Special Atrocity Case No. 25 of 2016 by the learned 12 th Additional Sessions Judge and Special Judge, Rajkot and considering the

R/CR.MA/20337/2021 ORDER DATED: 24/11/2021

averments made in the application and considering the submissions made by the learned APP for the applicant, the matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed and disposed of accordingly. Rule is made absolute.

Order in Criminal Appeal No. 1729 of 2021

1. This appeal is admitted.

2. Issue Bailable Warrant in sum of Rs.5,000/- (each) upon the respondent Nos. 1 to 6 - original -accused.

3. Notice be issued to the respondent No. 7, who is original complainant.

(A. C. JOSHI,J) prk- 12