Dilipbhai Kantilal Chavda vs State Of Gujarat
2022 Latest Caselaw 2160 Guj

   R/CR.MA/13324/2021                               ORDER DATED: 23/02/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 13324 of 2021
                        In
 R/CRIMINAL MISC. APPLICATION NO. 13323 of 2021
                       With
 R/CRIMINAL MISC. APPLICATION NO. 13323 of 2021
                        In
        CRIMINAL APPEAL NO. 1032 of 2021
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           DILIPBHAI KANTILAL CHAVDA
                      Versus
                STATE OF GUJARAT
======================================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS KIRAN D PANDEY(3337) for the Applicant(s) No. 1
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
======================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                          Date : 23/02/2022

                            ORAL ORDER

Order in Criminal Misc. Appl. no.13324 of 2021

This is an application filed for condonation of delay of 22 days caused in preferring the leave to appeal application.

Heard Ms. Pandey, learned advocate for the applicant. It is reflected from the cause list that the rule is served upon the respondent no.2, however, nobody appears for the respondent no.2.

Having considered the reasons assigned in this application for delay, the application requires consideration.

R/CR.MA/13324/2021 ORDER DATED: 23/02/2022

Hence, the application is allowed. The delay of 22 days caused in preferring the leave to appeal is hereby condoned. Rule is made absolute.

Order in Criminal Misc. Appl. no.13323 of 2021

This is an application under Section 378(4) of the Criminal Procedure Code for leave to appeal against the judgment and order of acquittal dated 9 th October, 2019, passed by the learned Addl. Chief Judicial Magistrate, Rajkot in Criminal Case no.10917 of 2016.

Heard Ms. Pandey, learned advocate for the appellant.

Issue Rule returnable on 8th April, 2022. Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

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