Chandra Shekhar Toshniwal, Huf vs State Of Gujarat
2022 Latest Caselaw 4790 Guj

     R/CR.MA/5415/2020                                ORDER DATED: 05/05/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5415 of 2020

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                     CHANDRA SHEKHAR TOSHNIWAL, HUF
                                 Versus
                           STATE OF GUJARAT
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Appearance:
DR BALRAM D JAIN(3146) for the Applicant(s) No. 1
MR. BHAVIK P SHAH(6391) 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 : 05/05/2022

                              ORAL ORDER

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 5th Additional Chief Judicial Magistrate, Surat dated 16.11.2019 in Criminal Case No. 63089 of 2015.

2. Heard, learned advocate Mr. Balram D. Jain for the applicant, Mr. Bhavik P. Shah 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. Learned advocate Mr. Bhavik P. Shah has objected the grant of leave to appeal and submitted that the trial Court has rightly acquitted respondent No.2 and supported the impugned judgment.

R/CR.MA/5415/2020 ORDER DATED: 05/05/2022

3. 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.

4. Registry to number and list the main appeal after vacation.

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