State Of Gujarat vs Kantiji Fataji Thakor
2022 Latest Caselaw 3502 Guj

   R/CR.MA/6039/2022                                  ORDER DATED: 24/03/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 6039 of 2022

                  In R/CRIMINAL APPEAL NO. 630 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 630 of 2022
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                             STATE OF GUJARAT
                                     Versus
                            KANTIJI FATAJI THAKOR
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Appearance:
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 24/03/2022

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

ORAL ORDER IN APPLICATION

Learned APP does not press present leave to appeal application qua respondent No.2 - Akhaji Nakshaji @ Narsangji Thakor and respondent No.3 - Banaji Nakshaji @ Narsangji Thakor. Accordingly, present Criminal Misc. Application stands disposed of as not pressed qua respondent No.2 - Akhaji Nakshaji @ Narsangji Thakor and respondent No.3 - Banaji Nakshaji @ Narsangji Thakor.

By way of present Criminal Misc. Application u/s 378(1)(3) of the Code of Criminal Procedure, the applicant State seeks leave to challenge judgment and order of acquittal dated 31.12.2019 passed in Sessions Case No.116 of 2016, whereby

R/CR.MA/6039/2022 ORDER DATED: 24/03/2022

the respondent No.1 Kantiji Fataji Thakore herein came to be acquitted for the offences punishable u/s 306, 304(b), 114 of the IPC and u/s 3 and 7 of the Dowry Act.

We have heard learned APP for the State and upon perusal of the impugned judgment and considering the reassessment and reanalysis of evidence at a glance, we are of the considered opinion that present Criminal Misc. Application deserves consideration and accordingly it is allowed qua respondent No.1 Kantiji Fataji Thakore.

ORAL ORDER IN APPEAL

Admit qua respondent No.1 Kantiji Fataji Thakore. Bailable warrant against respondent No.1 Kantiji Fataji Thakore in the sum of Rs.15,000/- be issued. The respondent No.1 shall mark his presence before the concerned Police Station in the first week of March of each English calendar year till the criminal appeal is decided.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SHEKHAR P. BARVE