Rakesh Kirvatbhai Patel vs State Of Gujarat
2022 Latest Caselaw 4783 Guj

    R/CR.MA/1917/2022                                ORDER DATED: 05/05/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 1917 of 2022
                       In
       R/CRIMINAL APPEAL NO. 193 of 2022
                      With
       R/CRIMINAL APPEAL NO. 193 of 2022
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            RAKESH KIRVATBHAI PATEL
                     Versus
               STATE OF GUJARAT
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
K T BELADIYA(9101) for the Respondent(s) No. 2
MR. R. C. KODEKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                         Date : 05/05/2022

                           ORAL ORDER

Order in Criminal Misc. Application :-

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 30 th November, 2021 passed by the Addl. Chief Judicial Magistrate, Navsari in Criminal Case No.1202 of 2018.

Heard Mr. Bharda, learned advocate for the applicant.

Mr. Beladiya, learned advocate for the respondent has objected to the grant of leave to appeal application and has supported the judgment and order of the trial Court and

R/CR.MA/1917/2022 ORDER DATED: 05/05/2022

submitted that the learned Judge has rightly appreciated the evidence produced before the trial Court and has rightly passed the order of acquittal. He therefore, prays to dismiss 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. K. T. Beladiya, learned advocate waives service of notice of admission on behalf of the respondent no.2. Mr. Kodekar, learned APP waives service of notice of admission on behalf of the respondent - State.

Registry is hereby directed to reflect the name of Mr. K.T. Beladiya, learned advocate for the respondent no.2 in the appeal and in the cause list.

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