Sandip Ambalal Patel vs State Of Gujarat
2022 Latest Caselaw 862 Guj

     R/CR.MA/13358/2021                          ORDER DATED: 27/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13358 of 2021
                  In R/CRIMINAL APPEAL NO. 1038 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 1038 of 2021
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                          SANDIP AMBALAL PATEL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MS JAYSHREE ACHARYA(5160) for the Applicant(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1
MR UM SHASTRI(830) for the Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                             Date : 27/01/2022

                              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 Judicial Magistrate First Class, Dabhoi dated 18.06.2021 in Criminal Case No. 83 of 2018.

2. Heard, learned advocate Ms. Bhavna D. Acharya for the applicant, Mr. U. M. Shastri for the respondent No.2 and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court.

3. Considering the avernments made in the application and

R/CR.MA/13358/2021 ORDER DATED: 27/01/2022

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. U. M. Shastri waives service of notice of admission on behalf of respondent - original accused.

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA