Pravinaben Rajednrabhai Patel vs State Of Gujarat
2022 Latest Caselaw 1525 Guj

     R/CR.MA/11877/2021                                ORDER DATED: 09/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 11877 of 2021

                     In R/CRIMINAL APPEAL NO. 927 of 2021
                                     With

                          R/CRIMINAL APPEAL NO. 927 of 2021
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                          PRAVINABEN RAJEDNRABHAI PATEL
                                      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 2nd Additional Chief Judicial Magistrate, Bharuch dated 03.04.2021 in Criminal Case No. 2365 of 2016.

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/11877/2021 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