State Of Gujarat vs Bharatbhai Arjanbhai Darji
2022 Latest Caselaw 7061 Guj

      R/CR.MA/2629/2022                                ORDER DATED: 05/08/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 2629 of 2022

                     In R/CRIMINAL APPEAL NO. 283 of 2022

                                        With
                          R/CRIMINAL APPEAL NO. 283 of 2022
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                                STATE OF GUJARAT
                                      Versus
                            BHARATBHAI ARJANBHAI DARJI
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Appearance:
MS. JIRGA JHAVERI, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                   Date : 05/08/2022

                                    ORAL ORDER

Order in Criminal Miscellaneous Application:

1. The present Criminal Miscellaneous Application is filed by the Applicant - State of Gujarat under Section 378(1) (3) of the Code of Criminal Procedure seeking Leave to Appeal challenging the impugned judgment and order passed in Special Atrocity Case No. 43 of 2018 by the learned Additional Sessions Judge, Tharad dated 4.3.2021, recording acquittal of the Respondent Nos. 1 and 2 (Original Accused Nos. 1 and 2) for the offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. Heard learned APP Ms. Jirga Jhaveri for the Applicant - State of Gujarat. Though served, none has remained present on behalf of the Respondents.

3. Rule.

R/CR.MA/2629/2022 ORDER DATED: 05/08/2022

4. Learned APP Ms. Jirga Jhaveri has vehemently and fervently argued that the reasons recorded by the learned Judge in the judgment are not proper in the eyes of law. Learned APP for the Applicant has also taken this Court to the different facts of the case.

5. This court has perused the judgment and order passed by the learned Judge and also considered the submissions advanced by the learned APP.

6. The matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragrapah 6(b) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED.

Bailable warrant in the sum of Rs.10000/- be issued against the Respondent No. 1 - Bharatbhai Arjanbhai Darji and Respondent No. 2 - Vishnubhai Arjanbhai Darji [Original Accused Nos. 1 and 2].

(A. C. JOSHI,J) 41 / J.N.W