Rameshbhai Nanjibhai Kanjariya vs State Of Gujarat
2021 Latest Caselaw 17114 Guj

     R/CR.MA/19216/2021                                  ORDER DATED: 29/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 19216 of 2021

                    In R/CRIMINAL APPEAL NO. 1602 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1602 of 2021
==========================================================
                          RAMESHBHAI NANJIBHAI KANJARIYA
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR. HARDIK C THAKKAR(7133) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 29/10/2021

                                     ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned APP Ms. Monali Bhatt appears and waives service of notice of Rule on behalf of the Respondent - State of Gujarat.

2. Learned advocate Mr. Hardik Thakkar for HCLS Committee on behalf of the applicant in Criminal Miscellaneous Application No. 19216 of 2021.

3. Learned advocate Mr. Thakkar has placed reliance upon the judgment and order dated 04.08.2021 passed by the 4 th Additional Chief Judicial Magistrate, Jamnagar and drawn the attention of this Court at Para: 12 and 13 of the judgment

R/CR.MA/19216/2021 ORDER DATED: 29/10/2021

including the refusal of notice by the accused in paper book.

4. This Court has gone through the judgment and order passed by the learned 4th Additional Chief Judicial Magistrate, Jamnagar and also perused the averments made by the applicant in the present application. The matter requires consideration. Therefore, the special leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragrapah7(a) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal

The present appeal is admitted. Issue bailable warrant of Rs. 5000/- against the respondent No. 2 (Sanjaybhai Anantray Maru).

(A. C. JOSHI,J) SHRIJIT PILLAI/04