Mukeshbhai Gandabhai Desai vs State Of Gujarat
2022 Latest Caselaw 5768 Guj

     R/CR.MA/15113/2018                           ORDER DATED: 29/06/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 15113 of 2018
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                        MUKESHBHAI GANDABHAI DESAI
                                       Versus
                         STATE OF GUJARAT & 1 other(s)
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Appearance:
MOHIT P PATHAK(7344) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                             Date : 29/06/2022

                              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 19.04.2018 passed by the learned Judicial Magistrte, First Class, Talod in Criminal Case No. 463 of 2013 acquitting the opponent herein - original accused.

2. Though the notice is served. None is appeared on behalf of respondent No.2.

3. Heard learned advocate Mr. Mohit Pathak 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.

(A. C. JOSHI,J) SALIM/8