Shivaji Devraj Sharma vs State Of Gujarat
2022 Latest Caselaw 352 Guj

     R/CR.MA/13844/2021                           ORDER DATED: 11/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13844 of 2021
                  In R/CRIMINAL APPEAL NO. 1096 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 1096 of 2021
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                          SHIVAJI DEVRAJ SHARMA
                                   Versus
                            STATE OF GUJARAT
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Appearance:
DHRUVIK K PATEL(7769) for the Applicant(s) No. 1
NANDKISHOR C SHAH(8577) for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MR. VIPUL B SUNDESHA(6689) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                             Date : 11/01/2022

                              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 5th Additional Chief Judicial Magistrate, Vadodara dated 15.03.2021 in Criminal Case No. 34306 of 2013.

2. Heard, learned advocate Mr. Dhruvik K. Patel for the applicant, Mr. P. P. Majmudar for 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/13844/2021 ORDER DATED: 11/01/2022

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. P. P. Majmudar waives service of notice of admission on behalf of respondent - original accused.

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