Ashokbhai Hirabhai Charla vs State Of Gujarat
2022 Latest Caselaw 1213 Guj

     R/CR.MA/13781/2021                         ORDER DATED: 03/02/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 13781 of 2021
                       In
       R/CRIMINAL APPEAL NO. 1088 of 2021
                      With
       R/CRIMINAL APPEAL NO. 1088 of 2021
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           ASHOKBHAI HIRABHAI CHARLA
                     Versus
               STATE OF GUJARAT
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Appearance:
ARBAAZKHAN A PATHAN (9532) for the Applicant(s) No. 1
MOHAMADZAID I SAIYED(8411) for the Applicant(s) No. 1
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                          Date : 03/02/2022

                           ORAL ORDER

Order in Cri. Misc. Application :-

1. The present application under Section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant-original complainant for leave to appeal to prefer an appeal challenging the impugned judgment and order dated 22nd March, 2021 passed by the 2 nd Addl. Civil Judge and JMFC, Wankaner acquitting respondent no.2 in Criminal Case No.904 of 2018.

2. The cause list shows that the rule is served upon the respondent no.2. However, nobody appeared on behalf of the respondent no.2 despite opportunity afforded.

R/CR.MA/13781/2021 ORDER DATED: 03/02/2022

3. Having heard Mr. Pathan, learned advocate for the applicant and Mr. Kodekar, learned APP for the respondent - State, leave to appeal is granted.

4. The present application stands disposed of. Rule is made absolute.

Order in Criminal Appeal :-

ADMIT. Mr. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

Bailable warrant be issued against the respondent no.2 original accused in the sum of Rs.5,000/- (Rupees Five Thousand only). Direct service is permitted.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...