Dilipsinh Gopalsinh Sisodiya vs Goswami Bharatgiri Jamnagiri
2022 Latest Caselaw 2556 Guj

   R/CR.MA/18315/2021                                 ORDER DATED: 07/03/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 18315 of 2021
                         In
       R/CRIMINAL APPEAL NO. 1499 of 2021
                        With
       R/CRIMINAL APPEAL NO. 1499 of 2021
======================================
           DILIPSINH GOPALSINH SISODIYA
                       Versus
          GOSWAMI BHARATGIRI JAMNAGIRI
======================================
Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR ATULGIRI J GOSAI(10858) for the Respondent(s) No. 1
MR HB CHAMPAVAT(6149) 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 : 07/03/2022

                           ORAL ORDER

Order in Criminal Misc. Application :-

Rule returnable forthwith. Mr. Champavat, learned advocate waives service of notice of rule on behalf of the respondent no.1 and Mr. R. C. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.

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 18 th September, 2021 passed by learned 2 nd Addl. Judicial Magistrate First Class, Bhiloda in Criminal Case No.1655 of 2018.

R/CR.MA/18315/2021 ORDER DATED: 07/03/2022

Heard Mr. Sandip Patel, learned advocate for Mr. Vaibhav Vyas, learned advocate for the applicant - original complainant and Mr. H. B. Champavat, learned advocate for the respondent no.1.

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

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