Panchal Ashish Jayantibhai vs State Of Gujarat
2022 Latest Caselaw 1445 Guj

     R/CR.MA/18441/2019                                ORDER DATED: 08/02/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 18441 of 2019

======================================
         PANCHAL ASHISH JAYANTIBHAI
                   Versus
             STATE OF GUJARAT
======================================
Appearance:
MR VISHAL B MEHTA(5319) for the Applicant(s) No. 1
MR MANISH J PATEL(2131) for the Respondent(s) No. 2
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                          Date : 08/02/2022

                            ORAL ORDER

1. Rule returnable forthwith. Mr. Manish Patel, learned advocate for the respondent no.2 waives service of notice of rule and Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

2. 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 30th July, 2019 passed by the 5 th Addl. Chief Judicial Magistrate, Gandhinagar acquitting respondent no.2 in Criminal Case No.5753 of 2017.

3. Heard Mr. Mehta, learned advocate for the applicant, Mr. Patel, learned advocate for the respondent no.2 and Mr.Kodekar, learned APP for the respondent - State.

R/CR.MA/18441/2019 ORDER DATED: 08/02/2022

4. Mr. Patel, learned advocate for the respondent no.2 has opposed the present application.

5. Having heard learned advocates for the respective parties and upon considering the averments made in the application, the present application requires consideration. Hence, leave to appeal is granted.

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

7. Registry to register the appeal and place it before this Court within the period of two weeks.

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