State Of Gujarat vs Gordhanbhai Chhotabhai Vankar
2022 Latest Caselaw 2437 Guj

     R/CR.MA/21502/2021                            ORDER DATED: 03/03/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21502 of 2021

                    In R/CRIMINAL APPEAL NO. 1862 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1862 of 2021
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                            STATE OF GUJARAT
                                  Versus
                      GORDHANBHAI CHHOTABHAI VANKAR
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Appearance:
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Applicant(s) No. 1
MR PREMAL R JOSHI(1327) for the Respondent(s) No. 2,6
MR SHUSHIL R SHUKLA(5603) for the Respondent(s) No. 3,4,5
MR YASH K DAVE(10269) for the Respondent(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                               Date : 03/03/2022

                                ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned advocate Mr. Vishal K. Anandjiwala waives service of notice of rule on behalf of respondent No.1. Learned advocate Mr. Premal R. Joshi waives service of notice of rule on behalf of respondent Nos. 2 and 6. Learned advocate Mr. Shushil R. Shukla waives service of notice of rule on behalf of respondent Nos.3, 4 and 5.

2. 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

R/CR.MA/21502/2021 ORDER DATED: 03/03/2022

appeal against the judgment and order of acquittal, passed by the learned Additional Sessions Judge, Anand dated 24.05.2021 in Sessions Case No. 175 of 2015.

2. Heard, learned advocates appearing for the respective parties and perused the impugned judgment and order of the trial Court.

3. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, it appears that there is an arguable case in favour of the applicant, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.

Order in Criminal Appeal:

The appeal is admitted. Learned advocate Mr. Vishal K. Anandjiwala waives service of notice of admission on behalf of respondent No.1. Learned advocate Mr. Premal R. Joshi waives service of notice of admission on behalf of respondent Nos. 2 and 6. Learned advocate Mr. Shushil R. Shukla waives service of notice of admission on behalf of respondent Nos.3, 4 and 5.

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