State Of Gujarat vs Sundarbhai S/O Prahladbhai ...
2021 Latest Caselaw 16191 Guj

   R/CR.MA/18290/2021                            ORDER DATED: 13/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 18290 of 2021

                  In R/CRIMINAL APPEAL NO. 1489 of 2021

                                  With
                    R/CRIMINAL APPEAL NO. 1489 of 2021
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                      STATE OF GUJARAT
                            Versus
         SUNDARBHAI S/O PRAHLADBHAI CHATURBHAI PATEL
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Appearance:
MS. C. M. SHAH, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                             Date : 13/10/2021
                              ORAL ORDER

ORDER IN CR.MA NO.18290 OF 2021

Heard Ms. C. M. Shah, learned APP for the applicant- State.

According to her submission, the judgment of acquittal recorded by the learned Judge is erroneous as evidence of injured first informant is not appreciated in its true perspective. She has further submitted that undue importance is given to filing of FIRs under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 either by his father or by the present complainant in the year 1997 and prior thereto, and has missed that deposition of injured witness, which is corroborated by the Doctor, who has examined him. Hence, Special Leave to Appeal is granted. Present Criminal Misc. Application stands allowed.

R/CR.MA/18290/2021 ORDER DATED: 13/10/2021

ORDER IN CR.A NO.1489 OF 2021

ADMIT.

Bailable warrant in the sum of Rs.10,000/- (Rupees Ten Thousand only) be issued against the respondent no.1- original accused.

(UMESH A. TRIVEDI, J) MEHUL