State Of Gujarat vs Aebhal @ Vinod Bhavan Dangar
2022 Latest Caselaw 473 Guj

     R/CR.MA/14448/2021                              ORDER DATED: 13/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 14448 of 2021

                    In R/CRIMINAL APPEAL NO. 1148 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1148 of 2021
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                                STATE OF GUJARAT
                                      Versus
                          AEBHAL @ VINOD BHAVAN DANGAR
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Appearance:
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR(2) for the Applicant(s)
No. 1
MR ASHISH H SHAH(2142) for the Respondent(s) No. 1,2,3
RULE SERVED(64) for the Respondent(s) No. 4
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 13/01/2022

                                  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 2nd Additional Sessions Judge & Speical Judge, Morbi dated 06.01.2021 in Special Atrocity Case No. 8 of 2010.

2. Heard, learned APP Mr. R. C. Kodekar for the applicant, Mr. Ashish H. Shah for respondent Nos. 1 to 3. Though served none appears for respondent No.4 and perused the impugned judgment and order of the trial Court.

R/CR.MA/14448/2021 ORDER DATED: 13/01/2022

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 advocate Mr. Ashish H. Shah waives service of notice of admission on behalf of respondent Nos. 1 to 3.

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