Kaushik Virabhai Parajapati vs State Of Gujarat
2022 Latest Caselaw 654 Guj

     R/CR.MA/18173/2021                             ORDER DATED: 19/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             R/CRIMINAL MISC.APPLICATION NO. 18173 of 2021

                    In R/CRIMINAL APPEAL NO. 1473 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1473 of 2021
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                          KAUSHIK VIRABHAI PARAJAPATI
                                     Versus
                              STATE OF GUJARAT
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Appearance:
MR.DEVI PATEL FOR DIPEN F CHAUDHARI(6740) for the Applicant(s)
MR RADHESH VYAS FOR
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MS MOXA THAKKAR APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 19/01/2022

                                 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 Chief Judicial Magistrate, Banaskantha at Palanpur dated 25.02.2021 in Criminal Case No. 776 of 2017.

2. Heard, learned advocate Mr. Devi Patel for the applicant and Ms. Moxa Thakkar, for the respondent No.1 State, and learned advocate Mr. Radhesh Vyas for the respondent No.2, and learned advocate for the respondent No.1 and perused the impugned judgment and order of the

R/CR.MA/18173/2021 ORDER DATED: 19/01/2022

trial Court.

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 No.1 - State and learned advocate Mr.Radhesh Vyas waives service of notice of admission on behalf of respondent No.2.

(RAJENDRA M. SAREEN,J) R.H. PARMAR