Patel Mukeshbhai Somabhai vs State Of Gujarat
2022 Latest Caselaw 2319 Guj

     R/CR.MA/10269/2021                                ORDER DATED: 28/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 10269 of 2021

                     In R/CRIMINAL APPEAL NO. 820 of 2021

                                        With
                          R/CRIMINAL APPEAL NO. 820 of 2021
==========================================================
                            PATEL MUKESHBHAI SOMABHAI
                                       Versus
                                 STATE OF GUJARAT
==========================================================
Appearance:
MR DK CHAUDHARI(5361) for the Applicant(s) No. 1
MR PRAVIN GONDALIYA(1974) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                   Date : 28/02/2022

                                    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 4th Additional Chief Judicial Magistrate, Mehsana dated 19.03.2021 in Criminal Case No. 4220 of 2013.

2. Heard, learned advocate Mr. D. K. Chaudhari for the applicant, Mr. Pravin Gondaliya 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.

R/CR.MA/10269/2021 ORDER DATED: 28/02/2022

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. Learned advocate Mr. Pravin Gondaliya waives service of notice of admission on behalf of respondent - original accused.

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