Randhirsinh Mangalsinh Solanki vs State Of Gujarat
2022 Latest Caselaw 4518 Guj

     R/CR.MA/3340/2022                                ORDER DATED: 29/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 3340 of 2022

                    In R/CRIMINAL APPEAL NO. 355 of 2022

                                       With
                         R/CRIMINAL APPEAL NO. 355 of 2022
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                     RANDHIRSINH MANGALSINH SOLANKI
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR MS PADALIYA for the Respondent No.2.
MR RC KODEKAR APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                  Date : 29/04/2022

                                   ORAL ORDER

Order in Criminal Misc. Application:

RULE. Learned APP Mr.R.C. Kodekar waives service of notice of rule on behalf of the respondent No.1 State and learned advocate Mr.M.S. Padaliya waives service of notice of rule on behalf of the respondent No.2 accused.

1. 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, Gondal dated 20.12.2021 in Criminal Case No. 1077 of 2017.

2. Heard learned advocate Mr. Pratik Barot for the applicant and learned APP for the State.

R/CR.MA/3340/2022 ORDER DATED: 29/04/2022

2.1. Present application is opposed by learned advocate Mr. M.S. Padaliya for the respondent No.2 - original accused.

2.2. Perused the impugned judgment and order of the trial Court.

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. Learned advocate Mr. M.S. Padaliya waives service of notice of admission on behalf of respondent No.2 - original accused.

(RAJENDRA M. SAREEN,J) R.H. PARMAR.