Singharkhiya Dineshbhai ... vs Makwana Mohanbhai Pithaji
2022 Latest Caselaw 1521 Guj

      R/CR.MA/3293/2022                                      ORDER DATED: 09/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 3293 of 2022

                     In R/CRIMINAL APPEAL NO. 344 of 2022

                                        With
                          R/CRIMINAL APPEAL NO. 344 of 2022
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                  SINGHARKHIYA DINESHBHAI CHHAGANBHAI
                                  Versus
                       MAKWANA MOHANBHAI PITHAJI
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3,4
MS CM SHAH APP for the Respondent(s) No. 5
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                   Date : 09/02/2022

                                      ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

Draft amendment is allowed. Registry to do the needful.

2. By way of present Criminal Misc. Application u/s 378(4) of the Code of Criminal Procedure, the applicant-original complainant seeks leave to challenge judgment and order passed by the learned Sessions Judge, Porbandar dated 08/07/2021 in Sessions Case No.24 of 2013 to the extent of acquittal of respondent No.1 from the charge of offence punishable under Sections 302, 323, 324 and 34 of IPC and acquittal of respondents No.2 to 4 from the charge of offence punishable under Sections 302, 307, 323, 324 and 34 of IPC.

3. We have heard learned Advocate Mr.Modi appearing for

R/CR.MA/3293/2022 ORDER DATED: 09/02/2022

the original complainant and upon perusal of the impugned judgment and considering the reassessment and reanalysis of evidence at a glance, we are of the considered opinion that present Criminal Misc. Application deserves consideration and accordingly it is allowed.

ORAL ORDER IN APPEAL

Admit. Bailable warrant in the sum of Rs.15,000/- be issued against each of the respondents -org. accused. To be heard with Criminal Appeal No.1175 of 2021.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) sompura