Ratanchand And Chandulal Thro ... vs State Of Gujarat
2022 Latest Caselaw 2814 Guj

   R/CR.MA/21081/2021                           ORDER DATED: 11/03/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 21081 of 2021
                       In
       R/CRIMINAL APPEAL NO. 1808 of 2021
                      With
       R/CRIMINAL APPEAL NO. 1808 of 2021
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     RATANCHAND AND CHANDULAL THRO DOSHI
             DILIPKUMAR CHANDULAL
                     Versus
                STATE OF GUJARAT
======================================
Appearance:
MR DA SANKHESARA(5955) for the Applicant(s) No. 1
MR VISHAL C MEHTA(6152) for the Respondent(s) No. 2
MR. HARDIK SONI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                        Date : 11/03/2022

                          ORAL ORDER

Order in Criminal Misc. Application :-

Rule returnable forthwith. Mr. Mehta, learned advocate waives service of notice of rule on behalf of the respondent no.2 and Mr. Soni, 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 4 th October, 2021 passed by learned Additional Chief Judicial Magistrate, Idar in Criminal Case No.825 of 2017.

R/CR.MA/21081/2021 ORDER DATED: 11/03/2022

Heard Mr. Pratik Khubchandani, learned advocate for Mr. Sankhesara, learned advocate for the applicant and Mr. Vishal C. Mehta, learned advocate for the respondent no.2.

Mr. Mehta, learned advocate for the respondent - Accused has objected the present 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. Mehta, learned advocate waives service of notice of admission on behalf of the respondent no.2 and Mr. Soni, learned APP waives service of notice of admission on behalf of the respondent - State.

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