Parbatbhai Devatbhai Varvariya vs State Of Gujarat
2022 Latest Caselaw 1523 Guj

     R/CR.MA/14506/2021                            ORDER DATED: 09/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 14506 of 2021

                    In R/CRIMINAL APPEAL NO. 1160 of 2021
                                    With
                      R/CRIMINAL APPEAL NO. 1160 of 2021
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                      PARBATBHAI DEVATBHAI VARVARIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR 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 : 09/02/2022

                                ORAL ORDER

Order in Criminal Misc. Application:

1. 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, Jamkhabbhalia, Dist; Devbhoomi Dwarka dated 20.07.2021 in Criminal Case No. 1119 of 2019.

2. Heard, learned advocate Mr. M. S. Padaliya for the applicant and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court. Though served, nobody has remained present for respondent No.2.

R/CR.MA/14506/2021 ORDER DATED: 09/02/2022

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 APP waives service of notice of admission on behalf of respondent - State.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.

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