Parshram,Inspector, Railway ... vs State Of Gujarat
2022 Latest Caselaw 4279 Guj

     R/CR.MA/21741/2021                                     ORDER DATED: 20/04/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21741 of 2021
                  In R/CRIMINAL APPEAL NO. 1903 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 1903 of 2021
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         PARSHRAM,INSPECTOR, RAILWAY PROTECTION FORCE
                             Versus
                       STATE OF GUJARAT
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Appearance:
MS ARCHANA U AMIN(2462) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR RC KODEKAR, APP for the Respondent(s) No. 1
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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 under Section 378(4) of the Code of Criminal Procedure, 1973, seeking leave to file appeal against the judgment and order of acquittal dated 01/07/2021 passed by the learned 9 th Additional District and Sessions Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad in Criminal Appeal No.103 of 2017 acquitting the accused for the offence punishable under Sections 145(b), 146 and 172 of the Railways Act, 1989 which has been rendered while challenging the judgment of conviction dated 27/09/2017 passed by the learned Judicial Magistrate First Class (Railways), Ahmedabad in Criminal Case No.15202 of 2012.

2. Notice is served upon the respondents, however, nobody

R/CR.MA/21741/2021 ORDER DATED: 20/04/2022

has appeared for respondent no.2.

3. Heard learned advocate for the appellant and learned APP for the respondent-State.

4. Rule. Mr.R. C. Kodekar, learned APP waives service of notice of Rule for the respondent-State.

5. Considering the averments made in the application as well as 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. Mr.R. C. Kodekar, learned APP waives service of notice of admission for the 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) ILA