Pankajkumar Mangalbhai Patel vs State Of Gujarat
2022 Latest Caselaw 655 Guj

     R/CR.MA/11238/2021                                    ORDER DATED: 19/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             R/CRIMINAL MISC.APPLICATION NO. 11238 of 2021
                  In R/CRIMINAL APPEAL NO. 878 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 878 of 2021
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                          PANKAJKUMAR MANGALBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR BP GUPTA(337) for the Applicant(s) No. 1
MR SIKANDER SAIYED(3458) 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, Mahisagar at Lunawada dated 26.02.2021 in Criminal Case No. 110 of 2018.

2. Heard, learned advocate Mr. B.P. Gupta for the applicant, learned APP Ms. Moxa Thakkar for the respondent No.1 State and learned advocate Mr.Sikanker Saiyed for the respondent No.2 and perused the impugned judgment and order of the trial Court.

R/CR.MA/11238/2021 ORDER DATED: 19/01/2022

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 Ms. Moxa Thakkar waives service of notice of admission on behalf of respondent No.1 and learned advocate Mr.Sikanker Saiyed waives service of notice of admission on behalf of respondent No.2.

Registry is directed to call for the Record and Proceedings of the case so as to reach this court within a period of SIX WEEKS.

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