Kamlesh Babubhai Patel vs State Of Gujarat
2022 Latest Caselaw 6997 Guj

     R/CR.MA/1456/2022                                    ORDER DATED: 04/08/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 1456 of 2022

                    In R/CRIMINAL APPEAL NO. 124 of 2022

                                       With
                         R/CRIMINAL APPEAL NO. 124 of 2022
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                             KAMLESH BABUBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MR KARTIK V PANDYA(2435) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 04/08/2022

                                   ORAL ORDER

Order in Criminal Misc. Application

1. Present application under Section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dated 17.03.2021 passed by the learned Judicial Magistrate, First Class, Kalol at Gandhinagar in Criminal Case No. 2205 of 2018 acquitting the opponent herein - original accused.

2. Heard learned advocate Mr. Vicky Mehta for the applicant, learned advocate Mr. Kartik Pandya for respondent No.2 and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent No.1 - State, none is appeared on behalf of

R/CR.MA/1456/2022 ORDER DATED: 04/08/2022

respondent No.3 and perused the impugned judgment and order of acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Oder in Criminal Appeal

The appeal is admitted. Learned advocate Mr. Kartik Pandya and learned Additional Public Prosecutor Mr. Jirga Jhaveri waive service of notice of admission on behalf of the respondents respectively.

(A. C. JOSHI,J) SALIM/38