Shah Rajmal Champalal vs State Of Gujarat
2022 Latest Caselaw 2764 Guj

     R/CR.MA/13836/2021                                      ORDER DATED: 10/03/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13836 of 2021

                      In R/CRIMINAL APPEAL NO. 1095 of 2021

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                               SHAH RAJMAL CHAMPALAL
                                        Versus
                                  STATE OF GUJARAT
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Appearance:
MR. KIRTAN H MISTRY(10012) for the Applicant(s) No. 1
RUTVIK H MODI(8236) for the Applicant(s) No. 1
MR ANKIT Y BACHANI(5424) for the Respondent(s) No. 2
MR HK PATEL, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                   Date : 10/03/2022

                                    ORAL ORDER

Order in Criminal Misc. Application:

1. 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 appeal against the judgment and order of acquittal, passed by the learned Principal Additional Chief Judicial Magistrate, Kapadvanj dated 12.03.2021 in Criminal Case No. 853 of 2018.

2. Heard, learned advocates appearing for 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, there is some arguable case in favour of the applicant, leave, as prayed for, is granted. This application is

R/CR.MA/13836/2021 ORDER DATED: 10/03/2022

allowed. Rule is made absolute accordingly.

Order in Criminal Appeal:

The appeal is admitted. Learned advocate Mr. Ankit Bachani waives service of notice of admission on behalf of respondents - original accused. Learned APP Mr. H. K. Patel waives service of notice of admission on behalf of respondent - State.

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