State Of Gujarat vs Rajeshbhai @ Raju Mangalbhai Mali
2022 Latest Caselaw 4277 Guj

     R/CR.MA/2616/2022                          ORDER DATED: 20/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 2616 of 2022
                  In R/CRIMINAL APPEAL NO. 282 of 2022
                                  With
                    R/CRIMINAL APPEAL NO. 282 of 2022
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                           STATE OF GUJARAT
                                 Versus
                   RAJESHBHAI @ RAJU MANGALBHAI MALI
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Appearance:
MR RC KODEKAR, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 3
PRITESH V CHHATRIWALA(9039) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                            Date : 20/04/2022

                             ORAL ORDER

Order in Criminal Misc. Application:-

1. This application is filed by the applicant-State under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave to file appeal against the judgment and order of acquittal dated 19/06/2021 passed by the learned 11 th Sessions Judge and Special Judge (Atrocity), Vadodara in Special Atrocity Case No.48 of 2018 acquitting the respondents accused persons for the offence punishable under Section 325, 323, 504, 506(2) and 114 of the Indian Penal Code as well as Section 3(2)(5-A) of the Atrocity Act.

2. Heard learned APP for the appellant-State.

3. Rule. Mr. Umag Raval, learned advocate waives service of notice of Rule for the respondents-accused.

4. Mr. Umag Raval, learned advocate for Mr. Pritesh V. Chhatriwala, learned advocate for the respondents accused objected grant of application and submitted that main witnesses of the case turned hostile and there is no evidence as to the commission of offence against the present

R/CR.MA/2616/2022 ORDER DATED: 20/04/2022

respondents and stated that the trial court has rightly acquitted the present respondents-accused persons.

5. Learned APP has taken this Court to the findings of the trial court and has submitted that the trial court has erroneously acquitted the respondents-accused persons who have inflicted blow of spade upon the complainant and his wife and though they were injured, they have not been believed by the trial court and merely on the surmises and conjectures, the trial court has recorded acquittal of the respondents-accused persons. There is an arguable case on behalf of prosecution-State which requires consideration.

6. As such, considering the averments made in the application as well as impugned judgment of the trial court and submissions made by learned advocates appearing for the respective parties, present application is allowed. Leave to file appeal is granted. Rule is made absolute accordingly.

Order in Criminal Appeal:-

1. Appeal is admitted. Umang Raval, learned advocate waives service of notice of admission on behalf of respondents-accused.

2. Registry to show name of Mr. Umang Raval, learned advocate for respondents-accused.

(RAJENDRA M. SAREEN,J) ILA