Rekhaben Wd/O Decd. Navinbhai ... vs State Of Gujarat
2022 Latest Caselaw 4066 Guj

   R/CR.MA/22856/2021                                ORDER DATED: 08/04/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 22856 of 2021
                       In
       R/CRIMINAL APPEAL NO. 2019 of 2021
                      With
       R/CRIMINAL APPEAL NO. 2019 of 2021
======================================
REKHABEN WD/O DECD. NAVINBHAI PATEL LEGAL HEIRS
          OF NAVINBHAI MAGANBHAI PATEL
                     Versus
                STATE OF GUJARAT
======================================
Appearance:
MR NV GANDHI(1693) for the Applicant(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 2
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                        Date : 08/04/2022

                           ORAL ORDER

Order in Criminal Misc. Application :-

Rule, returnable forthwith. Mr. Kodekar, APP waives service of notice of rule on behalf of the respondent - State.

By way of the present application under Section 378 (4) 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 20TH September, 2021 passed by the Principal Senior Civil Judge & Addl. Chief Judicial Magistrate, Kathor, District Surat in Criminal Case No.553 of 2008.

Heard Ms. Devangi Solanki, learned advocate for Mr. N.

R/CR.MA/22856/2021 ORDER DATED: 08/04/2022

V. Gandhi, learned advocate for the applicant.

It appears that the notice is served upon the respondent no.2. However, nobody has appeared on behalf of the respondent no.2.

Considering the facts and circumstances of the case, I am of the opinion that the present application requires consideration and hence, the same is allowed. Leave as prayed for is granted. Rule made absolute.

Order in Criminal Appeal :-

ADMIT. Mr. R. C. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) qua the respondent - accused.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...