State Of Gujarat vs Thakor Khodaji S/O Kanaji ...
2022 Latest Caselaw 863 Guj

     R/CR.MA/12692/2021                                ORDER DATED: 27/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 12692 of 2021

                     In R/CRIMINAL APPEAL NO. 985 of 2021

                                        With
                          R/CRIMINAL APPEAL NO. 985 of 2021
==========================================================
                            STATE OF GUJARAT
                                  Versus
                    THAKOR KHODAJI S/O KANAJI LAXMANJI
==========================================================
Appearance:
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR(2) for the Applicant(s)
No. 1
RULE SERVED(64) for the Respondent(s) No. 1
==========================================================

 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 State 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 Additional Sessions Judge and Special Judge (POCSO), Mahesana dated 16.03.2021 in Special (POCSO) Case No.65 of 2018.

2. Heard, learned APP Mr. R. C. Kodekar for the applicant and perused the impugned judgment and order of the trial Court. Though served, none appears for respondent - original accused

R/CR.MA/12692/2021 ORDER DATED: 27/01/2022

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.

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