Pravinbhai Muljibhai Gohel vs State Of Gujarat
2022 Latest Caselaw 4163 Guj

     R/CR.MA/17389/2021                             ORDER DATED: 13/04/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17389 of 2021

                    In R/CRIMINAL APPEAL NO. 1396 of 2021

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                          PRAVINBHAI MULJIBHAI GOHEL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR. RA SHARMA(3591) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 13/04/2022

                                 ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned APP waives service of notice of rule on behalf of respondent - State.

2. This is an application by the applicant - original complainant under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned Additional Chief Judicial Magistrate, Dhoraji dated 30.07.2021 in Criminal Case No. 432 of 2014.

2. Heard, learned advocate Mr. R. A. Sharma for the applicant and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the

R/CR.MA/17389/2021 ORDER DATED: 13/04/2022

trial Court. Nobody appears for respondent No.2, though duly served.

3. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.

Order in Criminal Appeal:

1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.

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

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA