Samir Kantilal Patel vs Vinodbhai Maganbhai Maisuriya
2022 Latest Caselaw 2370 Guj

     R/CR.MA/15854/2021                       ORDER DATED: 02/03/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 15854 of 2021
                       In
       R/CRIMINAL APPEAL NO. 1253 of 2021
                      With
       R/CRIMINAL APPEAL NO. 1253 of 2021
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              SAMIR KANTILAL PATEL
                     Versus
         VINODBHAI MAGANBHAI MAISURIYA
======================================
Appearance:
MR VINOD M GAMARA(5910) for the Applicant(s) No. 1
NILESH J GOSAI(7325) for the Applicant(s) No. 1
MR ADIL R MIRZA(2488) for the Respondent(s) No. 1
MR. R. C. KODEKAR, APP for the Respondent(s) No. 2
======================================

 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                          Date : 02/03/2022

                           ORAL ORDER

Order in Criminal Misc. Application :-

1. By way of the present application under Section 378 (4) of the Code of Criminal Procedure, 1973, the applicant - original complainant has prayed to grant leave to appeal against the judgment and order of acquittal dated 6 th August, 2021 passed by Additional Chief Judicial Magistrate, Bardoli in Criminal Case No.1845 of 2019.

2. Heard Mr. Gamara, learned advocate for the applicant and Mr. Adil Mirza, learned advocate for the respondent no.1.

3. Mr. Mirza, learned advocate for the respondent no.1 has opposed the present application and submitted that the

R/CR.MA/15854/2021 ORDER DATED: 02/03/2022

papers have not yet been received by him from the learned advocate for the applicant.

4. Considering the facts and circumstances of the case, I am of the opinion that the present application requires consideration and hence, the same is allowed. Leave as prayed for is granted. Rule made absolute.

Order in Criminal Appeal :-

ADMIT. Mr. Mirza, learned advocate waives service of notice of admission on behalf of the respondent no.1. Mr. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

Mr. Gamara, learned advocate for the applicant/appellant is hereby directed to furnish the copy of the memo of the appeal and other documents, which he relied on, to the other side without fail.

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