Jayendrasinh Gumansinh Jadeja vs State Of Gujarat
2022 Latest Caselaw 3848 Guj

      R/CR.MA/4136/2022                                      ORDER DATED: 31/03/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 4136 of 2022
                  In R/CRIMINAL APPEAL NO. 436 of 2022
                                  With
                    R/CRIMINAL APPEAL NO. 436 of 2022
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                          JAYENDRASINH GUMANSINH JADEJA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR NILAY THAKER FOR MR K S CHANDRANI(6674) for the Applicant(s)
No. 1
MR HITESH S PADHYA(3877) for the Respondent(s) No. 2
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                  Date : 31/03/2022

                                      ORAL ORDER

Order in Criminal Misc. Application:

1. Rule. Learned APP waives service of notice of rule on behalf of respondent - State. Learned advocate Mr. Hitesh S. Padhya waives service of notice of rule on behalf of respondent No.2

2. 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 6th Additional Sessions Judge, Rajkot dated 24.12.2021 in Criminal Case No. 146 of 2021.

R/CR.MA/4136/2022 ORDER DATED: 31/03/2022

3. Heard, learned advocate Mr. Nilay Thaker for learned advocate Mr. K. S. Chandrani the applicant, Mr. Hitesh S. Padhya for the respondent No.2 and learned APP Mr. R. C. Kodekar for respondent - State and perused the impugned judgment and order of the trial Court.

4. Considering the avernments made in the application and submissions made by the learned advocates appearing for the respective parties, 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. Learned advocate Mr. Hitesh S. Padhya waives service of notice of admission on behalf of respondent - original accused.

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