Bharatbhai Hariprasad Kahar vs State Of Gujarat
2022 Latest Caselaw 1448 Guj

     R/CR.MA/16079/2021                                    ORDER DATED: 08/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 16079 of 2021

                    In R/CRIMINAL APPEAL NO. 1279 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1279 of 2021
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                          BHARATBHAI HARIPRASAD KAHAR
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MALAYKUMAR S PATEL(8901) for the Applicant(s) No. 1
NITINKUMAR P LIMBACHIYA(8817) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
VASIMRAJA A KURESHI(8609) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 08/02/2022

                                     ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned APP waives service of notice of rule on behalf of respondent - State. Leanred advocate Mr. V. A. Kureshi waives service of notice of rule on behalf of respondent No.2.

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 Chief Judicial Magistrate, Rajpipla, Dist; Narmada dated 09.07.2021 in Criminal Case No. 1383 of 2016.

R/CR.MA/16079/2021 ORDER DATED: 08/02/2022

3. Heard, learned advocate Mr. M. S. Patel for the applicant, Mr. V. A. Kureshi for the respondent No.2 and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court.

4. 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:

The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State. Learned advocate Mr. V. A. Kureshi waives service of notice of admission on behalf of respondent - original accused.

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