Mohmadaabid Mohmadhussain Naqvi vs State Of Gujarat
2022 Latest Caselaw 931 Guj

     R/CR.MA/18699/2021                        ORDER DATED: 28/01/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 18699 of 2021
                       In
       R/CRIMINAL APPEAL NO. 1557 of 2021
                      With
       R/CRIMINAL APPEAL NO. 1557 of 2021
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      MOHMADAABID MOHMADHUSSAIN NAQVI
                     Versus
               STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1
MR PARTH S TOLIA(5617) for the Respondent(s) No. 2
MR. R. C. KODEKAR, APP (2) for the Respondent(s) No. 1
SHIRISHCHANDRA B TOLIA(8163) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                          Date : 28/01/2022

                           ORAL ORDER

Order in Cri. Misc. Application :-

1. The present application under Section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant-original complainant for leave to appeal to prefer an appeal challenging the impugned judgment and order dated 1st October, 2021 passed by the Judicial Magistrate First Class, Kodinar acquitting respondent no.2 in Criminal Case No.800 of 2016.

2. Rule returnable forthwith. Mr. Tolia, learned advocate waives service of notice of rule on behalf of the respondent no.2 and Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

R/CR.MA/18699/2021 ORDER DATED: 28/01/2022

3. Having heard Mr. Popat for the applicant, Mr. Tolia, learned advocate for the respondent no.2 and Mr. Kodekar, learned APP for the respondent - State, leave to appeal is granted.

4. The present application stands disposed of. Rule is made absolute.

Order in Criminal Appeal :-

ADMIT. Mr. Tolia, learned advocate waives service of notice of admission on behalf of the respondent no.2 and Mr. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...