State Of Gujarat vs Arvindbhai Parsottambhai Patel
2022 Latest Caselaw 1130 Guj

     R/CR.MA/13242/2021                            ORDER DATED: 02/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13242 of 2021

                    In R/CRIMINAL APPEAL NO. 1021 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1021 of 2021
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                             STATE OF GUJARAT
                                   Versus
                      ARVINDBHAI PARSOTTAMBHAI PATEL
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Appearance:
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Applicant(s) No. 1
MR MD MODI(1318) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                               Date : 02/02/2022

                                ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned advocate Mr. M. D. Modi waives service of notice of rule on behalf of respondent.

2. 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, Anand at Borsad dated 15.01.2019 in Criminal Case No. 1158 of 2004.

2. Heard, learned APP Mr. R. C. Kodekar for the applicant and learned advocate Mr. M. D. Modi for the respondent and perused the impugned judgment and order of the trial Court.

R/CR.MA/13242/2021 ORDER DATED: 02/02/2022

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 advocate Mr. M. D. Modi waives service of notice of admission on behalf of respondent - original accused.

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA