Satishbhai Shantilal Mehta vs State Of Gujarat
2022 Latest Caselaw 7263 Guj

      R/CR.MA/14077/2021                                   ORDER DATED: 22/08/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 14077 of 2021

                     In R/CRIMINAL APPEAL NO. 1112 of 2021
                                     With
                       R/CRIMINAL APPEAL NO. 1350 of 2010
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                           SATISHBHAI SHANTILAL MEHTA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
MR MONARCH K PANDYA(11437) for the Respondent(s) No. 2
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                 Date : 22/08/2022

                                  ORAL ORDER

Order in Criminal Miscellaneous Application:

1. The present Criminal Miscellaneous Application is filed by the Applicant (Original Complainant) under Section 378(4) (5) of the Code of Criminal Procedure seeking Leave to Appeal challenging the impugned judgment and order passed in Criminal Case No. 1649 of 2013 by the learned Additional Chief Judicial Magistrate, Rajkot, dated 8.9.2018.

2. Heard learned Advocate Mr. Rathin P. Raval for the Applicant, learned Advocate Mr. Monarch K. Pandya for Respondent No.2 and learned APP Ms. Jirga Jhaveri for the Respondent No.1- State of Gujarat.

3. Rule. Learned APP Ms. Jirga Jhaveri waives service of notice of Rule on behalf of the Respondent - State of Gujarat and learned Advocate Mr. Pandya waives service of notice of Rule on behalf of Respondent No.2.

R/CR.MA/14077/2021 ORDER DATED: 22/08/2022

4. Learned Advocate Mr. Raval has urged that in the present case, the complainant has moved for D List but in the Lok Adalat, many cases were disposed of.

5. Per contra, learned Advocate Mr. Monarch K. Pandya for Respondent No.2 has submitted that the concerned learned Magistrate Court has given multiple opportunity, however, the complainant has not taken care to cooperate with the proceedings before the learned Magistrate and therefore Leave to Appeal Application may not be granted.

6. This court has perused the judgment and order passed by the learned Judge and also considered the submissions advanced by the learned Advocate for the Applicant. 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 7(b) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal:

ADMITTED. Learned APP Ms. Jirga Jhaveri waives service of notice of admission on behalf of the Respondent - State and learned Advocate Mr. Monarch K. Pandya waives service of notice of admission on behalf of Respondent No.2.

At the request of both the sides, let the Appeal be listed for final hearing on 4.10.2022.

(A. C. JOSHI,J) 22 / J.N.W