Balvantbhai Puniyabhai Ninama vs State Of Gujarat
2022 Latest Caselaw 3503 Guj

   R/CR.MA/1144/2022                                   ORDER DATED: 24/03/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 1144 of 2022

                  In R/CRIMINAL APPEAL NO. 101 of 2022

                                     With
                       R/CRIMINAL APPEAL NO. 101 of 2022
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                       BALVANTBHAI PUNIYABHAI NINAMA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 24/03/2022

                                 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 Additional Chief Judicial Magistrate, Limkheda dated 22.12.2021 in Criminal Case No. 356 of 2020.

2. Heard, learned advocate for the applicant and learned APP for the respondent - State. Perused the impugned judgment and order of the trial Court. Nobody appears for respondent No.2, though served.

3. Considering the avernments made in the application and submissions made by the learned advocates appearing for the

R/CR.MA/1144/2022 ORDER DATED: 24/03/2022

respective parties, there is some arguable case in favour of the applicant, leave, as prayed for, is granted. This application is allowed. Rule is made absolute accordingly.

Order in Criminal Appeal:

1. The appeal is admitted. Learned APP waives service of notice of admission on behalf of respondent - State.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent - original accused.

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