Dipeshbhai Subodhchandra Patel vs Atulbhai Jayendrabhai Joshi
2022 Latest Caselaw 6109 Guj

     R/CR.MA/16733/2021                            ORDER DATED: 08/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 16733 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1344 of 2021
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                     DIPESHBHAI SUBODHCHANDRA PATEL
                                   Versus
                        ATULBHAI JAYENDRABHAI JOSHI
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Appearance:
MR MASOOM K SHAH(6516) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 08/07/2022

                                ORAL ORDER

1. Present application under Section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dated 04.07.2019 passed by the learned 2 nd Additional Chief Judicial Magistrate, Anand in Criminal Case No. 5869 of 2016 acquitting the opponent herein - original accused.

2. Learned advocate Mr. Dhruvin Dasani for Mr. Masoom Shah for the applicant has drawn the attention of this Court including Rojkam that once the complainant has already filed application for issuance of non-bailable warrant upon accused person and thereafter due to some reasons, the complainant was not able to present. The learned Magistrate has dismissed the complaint under Section 256 of Cr.P.C.

R/CR.MA/16733/2021 ORDER DATED: 08/07/2022

3. Heard learned advocate Mr. Dhruvin Dasani for Mr. Masoom Shah for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent - State and perused the impugned judgment and order of acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Oder in Criminal Appeal

The appeal is admitted.

Issue bailable warrant of Rs. 10,000/- against private respondent.

(A. C. JOSHI,J) SALIM/45