Raghunathsinh Balvantsinh ... vs State Of Gujarat
2022 Latest Caselaw 44 Guj

      R/CR.MA/8015/2021                                   ORDER DATED: 03/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 8015 of 2021

                     In R/CRIMINAL APPEAL NO. 631 of 2021

                                        With
                          R/CRIMINAL APPEAL NO. 631 of 2021
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                     RAGHUNATHSINH BALVANTSINH BHATTI
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR DA SANKHESARA(5955) for the Applicant(s) No. 1
MR KUNAL S SHAH(5282) for the Respondent(s) No. 2
MR MANAN MEHTA, ADDL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                   Date : 03/01/2022

                                    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 4th Additional Chief Judicial Magistrate, Himmatnagar dated 23.02.2021 in Criminal Case No. 2249 of 2017.

2. Heard, learned advocate Mr. D. A. Sankhesara for the applicant, Mr. Kunal S. Shah for the respondent No.2 and learned APP Mr. Manan Mehta for respondent - State and perused the impugned judgment and order of the trial Court.

R/CR.MA/8015/2021 ORDER DATED: 03/01/2022

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. Kunal S. Shah 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