Ketankumar Amratsinh Rathod vs State Of Gujarat
2022 Latest Caselaw 2606 Guj

   R/CR.MA/19934/2021                              ORDER DATED: 08/03/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 19934 of 2021
                       In
       R/CRIMINAL APPEAL NO. 1657 of 2021
                      With
       R/CRIMINAL APPEAL NO. 1657 of 2021
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         KETANKUMAR AMRATSINH RATHOD
                     Versus
               STATE OF GUJARAT
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Appearance:
MR AM PAREKH(562) for the Applicant(s) No. 1
K T BELADIYA(9101) for the Respondent(s) No. 2
MR. H. K. PATEL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                         Date : 08/03/2022

                           ORAL ORDER

Order in Criminal Misc. Application :-

Rule returnable forthwith. Mr. Beladiya, learned advocate waives service of notice of rule on behalf of the respondent no.2 and Mr. Patel, learned APP waives service of notice 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 28 th August, 2021 passed by learned Judicial Magistrate First Class, Vansada in Criminal Case No.834 of 2017.

R/CR.MA/19934/2021 ORDER DATED: 08/03/2022

Heard Mr. Parekh, learned advocate for the applicant and Mr. Beladiya, learned advocate for the respondent no.2.

Mr. Beladiya, learned advocate for the respondent no.2 has objected the leave to appeal application.

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. K. T. Beladiya, learned advocate submits that he has instructions to appear on behalf of the respondent no.2 in the appeal also.

Mr. Beladiya, learned advocate waives service of notice of admission on behalf of the respondent no.2 and Mr. Patel, learned APP waives service of notice of admission on behalf of the respondent - State.

Registry to show name of Mr. K. T. Beladiya, learned advocate for the respondent no.2 in the appeal.

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