Indiraben Mohanbhai Jethva vs State Of Gujarat
2022 Latest Caselaw 864 Guj

     R/CR.MA/11739/2021                                ORDER DATED: 27/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 11739 of 2021

                     In R/CRIMINAL APPEAL NO. 915 of 2021

                                        With
                          R/CRIMINAL APPEAL NO. 915 of 2021
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                           INDIRABEN MOHANBHAI JETHVA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR HITESH N ACHARYA(2302) for the Applicant(s) No. 1
DENISH V MAVADHIYA(9207) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL 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 Additional Civil Judge and Judicial Magistrate First Class, Veraval, Dist; Gir-Somnath dated 05.01.2021 in Criminal Case No. 884 of 2019.

2. Heard, learned advocate Mr. Hitesh N. Acharya for the applicant, Mr. Denish V. Mavadhiya 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.

R/CR.MA/11739/2021 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. Learned APP waives service of notice of admission on behalf of respondent - State. Learned advocate Mr. Denish V. Mavadhiya waives service of notice of admission on behalf of respondent - original accused.

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