Shantilal Karshanbhai Chavadiya vs State Of Gujarat
2022 Latest Caselaw 1000 Guj

     R/CR.MA/7663/2021                                ORDER DATED: 31/01/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 7663 of 2021

                    In R/CRIMINAL APPEAL NO. 582 of 2021

                                       With
                         R/CRIMINAL APPEAL NO. 582 of 2021
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                     SHANTILAL KARSHANBHAI CHAVADIYA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. RA SHARMA(3591) for the Applicant(s) No. 1
MR PREMAL R JOSHI(1327) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                  Date : 31/01/2022

                                   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 Additional Chief Judicial Magistrate, Dhoraji dated 04.06.2020 in Criminal Case No. 1020 of 2013.

2. Heard, learned advocate Mr. R. A. Sharma for the applicant, Mr. N. R. Koyani for learned advocate Mr. Premal R. Joshi 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/7663/2021 ORDER DATED: 31/01/2022

3. Learned advocate Mr. Koyani has objected the grant of leave to appeal. However, considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties and when it appears that there is an arguable case in favour of the applicant, 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. N. R. Koyani for learned advocate Mr. Premal Joshi waives service of notice of admission on behalf of respondent - original accused.

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